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(영문) 인천지방법원 2014.09.26 2014노2707
특수절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too heavy or unhued;

(The defendant explicitly withdraws his mental disorder on the date of the first instance trial). 2. The defendant and the prosecutor's argument are also examined.

When the Defendant had already been punished for the same kind of crime, including the thief under several laws such as the instant case, even though he/she was punished for several times, the Defendant has repeatedly committed the instant crime, such as the larceny over three months, and the injury has not been recovered.

On the other hand, the fact that the degree of damage from the crime of this case is not significant, that the place of the crime of this case is a house where people do not reside at the construction site or people, that the defendant's mistake is recognized, and that the defendant will live faithfully in the future while conducting a tree, etc. are favorable to the defendant.

In full view of the above factors of sentencing, the sentencing of the court below against the defendant is too heavy or less, and is appropriate in light of the aforementioned factors of sentencing, taking into account the motive, background, means, and consequence of the defendant's crime in this case, the circumstances before and after the crime, the defendant's age, family environment, etc.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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