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(영문) 울산지방법원 2013.03.15 2013노17

야간건조물침입절도미수

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

(2) The Defendant and the Defendant’s defense counsel withdrawn the argument of mental disorder during the second trial of the court on the grounds of appeal, and there are extenuating circumstances such as: (a) the Defendant committed each of the instant crimes on the grounds of attempted crimes; and (b) the victims do not want punishment against the Defendant; (c) however, the Defendant repeatedly committed each of the instant crimes even though there was a past record of punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (one severe punishment, one time a suspended sentence), and all of the sentencing conditions, including the Defendant’s age, character, character, environment, and circumstances after the commission of the crime, shall be taken into account. Therefore, the Defendant’s assertion is without merit.

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.