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(영문) 울산지방법원 2015.09.04 2015노792
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The fact that the judgment defendant led to the confession and reflect of his own crime, and that the court below agreed with the victim smoothly is favorable to the defendant.

However, the crime of this case is committed by the Defendant, along with his accomplices, theft of money and valuables. The method of committing the crime is consistent and planned, such as responding to the scene of the crime and securing the means of movement in advance by sharing the roles of each co-offenders. Since the crime is committed during the period of repeated crime, it is very heavy, the theft amount is considerably high, and equity in the punishment with the accomplices who have already become final and conclusive. Considering the Defendant’s age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and the application of the sentencing guidelines of the Supreme Court Sentencing Committee, it is not recognized that the punishment imposed by 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 since it is without merit. It is so decided as per Disposition.

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