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(영문) 울산지방법원 2016.02.05 2015노1385

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below (the punishment to be suspended and suspended from sentence: 4 months) is deemed to be too unhued and unfair.

2. Determination: (a) the Defendant recognized the Defendant’s act of crime; (b) stolen Ortoo license plates, which had been left alone at the entrance of the apartment where the Defendant was living; (c) the victim did not file a theft report even with the knowledge of the theft of his license plates; (d) the Defendant attempted to use the above license plates for company commuting to and from work of the instant company with the Defendant, despite being aware of the theft of his license plates; (c) caused the Defendant to commit the instant crime; (d) attached the stolen license plates to one’s own stop, and did not use them for other crimes; and (d) there was no specific criminal history other than a fine imposed once on the Defendant’s age, sex, home environment, motive and background of the crime; (e) the means and consequence of the crime; and (e) the circumstances before and after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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