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(영문) 울산지방법원 2020.07.24 2020노354
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. The Defendant repeatedly committed a crime of theft of money and valuables inside the vehicle. The Defendant committed the instant crime even though he/she had been punished for the same thief, and the Defendant did not seem to have made efforts to recover damage, and that the victims did not want to punish the Defendant.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, that the damage incurred by the crime of this case is not relatively large, and that some of the circumstances that can be considered in the living environment of the defendant are favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

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

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