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(영문) 인천지방법원 2013.08.13 2013노1812
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged that the defendant was starting to commit the crime of this case and reflects on the fact that the defendant committed the crime of this case even though he was sentenced to imprisonment not less than three times for the same kind of crime, in light of the fact that he committed the crime of this case again during the repeated crime period, the nature of the crime is extremely poor. The statutory punishment of the crime of this case is imprisonment for a limited term of not less than three years, and the court below sentenced the lowest punishment within the scope of discretionary mitigation in consideration of the circumstances favorable to the defendant, and taking into account the defendant's age, character and conduct, circumstances leading to the crime of this case and the results thereof, and other various sentencing conditions as shown in the records and arguments of this case such as

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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