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(영문) 인천지방법원 2013.04.26 2013노242
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant: (b) recognized all of the instant crimes; (c) expressed the victims’ intent not to be punished against the Defendant; and (d) the amount of damage from the instant crime is not so significant.

However, there are the same previous charges that the Defendant was punished by a one-time suspended sentence and a four-time fine due to larceny, etc. In particular, the Defendant was sentenced to a two-year suspended sentence for larceny, etc. at the Incheon District Court on August 12, 2011, which became final and conclusive on August 20, 201, and committed the same kind of crime without being aware of the fact that the Defendant committed the same crime during the suspended sentence even if he was under the suspended sentence period, and the Defendant was punished by a fine even before and after the instant crime was committed, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, happiness, family environment, and circumstances before and after the instant crime, even if there is a possibility that the suspended sentence will be revoked by sentence of imprisonment in this case, it is not unreasonable for the lower court’s sentence against the Defendant to be too excessive.

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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