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(영문) 울산지방법원 2013.11.08 2013노627

폭력행위등처벌에관한법률위반(우범자)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (such as a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant had been sentenced to five times of imprisonment due to robbery, injury by special robbery, etc., and was sentenced to three years of imprisonment due to special obstruction of performance of official duties by the Ulsan District Court on April 16, 2010, and was released on February 11, 2013 after the end of the term of punishment, and again committed the instant crime during the period of repeated crime.

However, in full view of the fact that the Defendant committed the instant crime in depth and did not repeat again, that D and E did not have any punishment for the Defendant, that is, it appears to be a contingent crime due to misunderstanding, and all other sentencing conditions in the records and pleadings, such as the Defendant’s age, character and conduct, environment, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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