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(영문) 울산지방법원 2013.07.19 2013노331
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (4 months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case and reflected against the defendant, and the defendant suffered from emullosis, etc. with severe symptoms with mental disorder 3 with mental disorder. The crime of this case also can be seen as having been caused by the development of the wall based on the above disease, and there is room to regard some of the factors in the motive, the amount of damage is not large, and the victim is seeking the wife by agreement with the victim, and there is a parent to support the defendant.

However, in the case of this Court Decision 2012Hun-Ma951 in regard to larceny, which has been committed seven times during the period of probation, the defendant again commits the instant crime five times again due to the fact that he/she was punished by a fine by taking account of his/her growth process, psychological status, family relationship, the circumstances before and after his/her opening, etc., and that the scope of recommending punishment according to the sentencing guidelines is not less than four months but not more than one year and six months, concurrent crimes 1, concurrent crimes 2- Each judgment of larceny (decision on November 24, 2012; November 12, 2012; October 28, 2012) / [decision on types of imprisonment], the upper limit of imprisonment with prison labor for the larceny group; the background leading up to and up to five months from the sentencing range; the defendant's special sentencing range from the sentencing range; the defendant's recommendation for a repeated crime that does not constitute a special sentencing range / [special sentencing range / [10 months to six months from the sentencing range of punishment];

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