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(영문) 인천지방법원 2016.01.05 2015노4257
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is too unreasonable.

2. In full view of all the circumstances, including the fact that the defendant recognized the crime of this case, the fact that considerable parts of the damage of this case were returned, etc., the crime of this case was concentrated within a short period, and the nature of the crime is not good in light of the frequency of crimes, etc., the defendant committed each of the crimes of this case even though he had been sentenced several times of punishment for the same crime, the defendant did not agree with the victims, there is no special circumstance or circumstance that may be newly considered in sentencing after the decision of the court below, and there is no change in the amount of damage, character and behavior, the character and environment of the defendant, the motive and means and result of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below against the defendant is proper.

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

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 364 (1) of the Criminal Procedure Act). However, since it is clear that "three years of imprisonment" in Article 1 of the Criminal Procedure Act is a clerical error in "two years of imprisonment", it is correct ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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