logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.08.11 2017노756
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two months of imprisonment with prison labor for the crimes No. 1 and No. 2 in the holding of the lower court, and two months of imprisonment for the remaining crimes) against the accused on the summary of the reasons for appeal is too unreasonable.

2. We examine the following facts: (a) the Defendant was sentenced to a suspended sentence of two years for the same kind of crime in 2016 and was sentenced to a suspended sentence of eight months for the same crime, etc.; and (b) committed each crime during the suspended sentence period after the final judgment or the final judgment of the trial court; (c) repeatedly committed a crime of non-licensed driving; (d) the time and distance from the time and distance for driving without a license is relatively short; and (e) the Defendant did not make any effort to recover from damage caused by larceny and is disadvantageous to the Defendant.

On the other hand, the thief crime is less likely to cause damage, the danger of driving without a license is realized, and traffic accidents have not occurred, the defendant reflects the wrongness while committing the crime, and the crime Nos. 1 and 2 of the judgment of the court below must consider equity with the case subject to the judgment at the same time with the case subject to the final judgment after Article 37 of the Criminal Act (the sentence: 2 years of suspended sentence in August), and there are other favorable circumstances for the defendant, including the economic situation, family relation, age, sex, environment, circumstances after the crime, change of circumstances after the sentence of the judgment of the court below, etc. In full view of all the sentencing conditions expressed in the argument of the case, such as the defendant's family relation, family relation, age, sex, environment, situation after the crime, and change of circumstances after the sentence of the court below, and it cannot be deemed unfair because the sentence of the court

Therefore, the defendant's above assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that “On April 13, 2017” is a clerical error in the part concerning all criminal records in the lower judgment.

arrow