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(영문) 인천지방법원 2015.07.10 2015노1683
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (one and half years of imprisonment, and confiscation) imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the judgment was based on the fact that the defendant recognized the crime of this case, and that the defendant did not have significant damage from the crime of this case.

On the other hand, the defendant had the record of criminal punishment several times for the same crime, especially as mentioned by the court below, while habitually continues the larceny crime without any awareness of any other crime, the nature of the crime is deemed to have high risk of recidivism, and the damage has not been agreed with the victims until now, the damage has not yet been recovered, there is no change of circumstances that may be considered in sentencing in the trial, and in light of all the sentencing conditions as shown in the records and arguments of this case such as the defendant's age, character and behavior, the background and result of the crime of this case, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's above assertion is not acceptable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition

(However, since the summary of the evidence of the court below is clear that "K" in Part 2 and No. 7 of the crime sight table is a clerical error of "Y", it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure).

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