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(영문) 울산지방법원 2016.08.05 2016노628
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment, two years of suspended execution, two years of protection observation) is too unfased and unreasonable.

2. The crime of this case, which committed the crime of this case, is a situation unfavorable to the defendant, where the defendant committed or attempted to steals property by impairing the structure of this case, in light of the method, frequency, etc. of committing the crime, and there was a record of having been punished several times for the same crime in the past. In particular, on November 29, 2013, the District Court sentenced the defendant to a suspended sentence of imprisonment with prison labor for one year for larceny, etc., and committed each of the crimes of this case during the suspended sentence of two years.

However, in full view of the following factors: (a) the Defendant recognized his mistake and against it; (b) the disabled of class 2 of intellectual disability; (c) the amount of damage to the thief of this case was not significant; (d) the lower court ordered protection and observation during the period of suspension of execution to prevent recidivism; (c) the Defendant’s family members wanting the Defendant’s wife against the Defendant; and (d) the Defendant’s age, sex, sex, family environment; (d) motive and background of the crime; (e) the means and consequence of the crime; and (e) various sentencing factors in the trial process and records, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is too unfeasible; and (e) the prosecutor’s improper claim for sentencing is not accepted.

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

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