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(영문) 인천지방법원 2017.11.02 2017노3487
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (one year of imprisonment) is too unreasonable.

2. The judgment seems to have led to the confession and reflect on the crime.

The amount of damage is small, and the victim was not punished for the defendant.

However, in order for the defendant to overcome the theft habits, detention is inevitable for a considerable period of time.

Many criminal records have a number of criminal records, and they are repeated crimes of the same kind.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The statutory punishment is imprisonment with prison labor for more than two years, which is determined to be one year of imprisonment with prison labor for the lowest reduction of amount.

The judgment below

As a result of the sentence, there is no room to determine a lower sentence as well as a new circumstance that can be considered in the sentencing.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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