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(영문) 울산지방법원 2017.04.13 2017노297
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered to the defendant (the first crime as stated in the judgment of the court below: exemption from punishment and the second to five crimes as stated in the judgment of the court below: Imprisonment with prison labor for 10 months) is too unfeasible and unfair.

2. Determination, although the defendant had been punished several times for the same crime, he did not know even during the period of repeated crime, and committed the crimes Nos. 2 through 5 in the judgment of the court below. However, although the defendant was found to have an attitude to recognize and reflect the crime of this case, considering all the conditions of the arguments and the records of this case including the defendant's age, character and conduct environment, relationship to victims, motive means of the crime, results of the crime, circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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