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(영문) 인천지방법원 2015.07.10 2015노1153
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of social service) is too unreasonable.

2. It is recognized that the judgment was based on the fact that the defendant recognized the crime of this case, and that the defendant's damage caused by the crime of this case is minor.

However, in light of the following: (a) the Defendant had already been subject to the four times criminal punishment (three times criminal punishment among them) due to the same crime; (b) the lower court, after taking into account the favorable circumstances of the Defendant, rendered a stay of execution, which is not a sentence, by imposing a probation and community service order; and (c) other factors of sentencing as indicated in the record, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, even if considering the circumstances cited in the grounds of appeal, the lower court’s sentence imposed on the Defendant cannot be excessively unreasonable, and thus, the Defendant’

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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