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(영문) 울산지방법원 2014.07.11 2014노288
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds of appeal in this case, the punishment imposed by the court below (two years of imprisonment, three years of suspended execution, and 160 hours of community service) is too uneased and unreasonable.

2. Although the Defendant had been able to have had the record of juvenile protective disposition due to theft or unlicensed driving, there are unfavorable circumstances, such as the Defendant repeatedly committed the larceny and unlicensed driving, as in each of the crimes of this case. However, in light of the following: (a) the Defendant led to a confession and reflect on the instant crime; (b) the Defendant agreed with V, the victim of the bodily injury carrying with a deadly weapon of this case; (c) most damaged goods of this case were returned to the victims; (d) there was no criminal record except for the Defendant’s protective disposition; (c) the Defendant has yet to be subject to criminal punishment; (d) the Defendant’s age has yet to be kept in prison for more than three months; and (e) other circumstances, including the Defendant’s age, character and behavior, life environment, motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant'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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