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(영문) 인천지방법원 2014.11.07 2014노3015
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (three million won of a fine) is too unreasonable.

2. The judgment of the court below is reasonable in light of all favorable circumstances, such as the fact that the defendant recognized the crime of this case and made an effort to recover damage to the victim, the fact that the degree of damage caused by the crime of this case is not much serious, the fact that the defendant was a single crime, the economic situation of the defendant was not strong, the fact that there are only the records of the crime of this case. However, there are many kinds of records of the same crime against the defendant (the fine of 300,00 won on March 2010, the fine of 100,000 won on July 2013, the fine of 5,000,000 won on October 2013, the fine of 5,000 won on July 20, 2013), the fact that there was no change in circumstances or circumstances that can be newly considered in sentencing after the sentence of the court below was sentenced, and all other circumstances that constituted the conditions for the sentencing of this case, such as the motive and means and result of the crime of this case, etc.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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