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(영문) 울산지방법원 2016.10.06 2016노939
절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In light of the content, circumstances, etc. of each of the instant crimes, the crime is not less light, and the Defendant has been subject to criminal punishment twice due to similar crimes in the past, and the Defendant committed each of the instant crimes during the suspension period of execution.

Furthermore, it is inevitable to punish the defendant for a considerable period of time in that the defendant has not been paid damages and has not reached an agreement.

However, the circumstances favorable to the defendant are that the defendant's mistake is recognized and against the defendant, and that the amount of individual damage is not relatively small.

In addition to these circumstances, various sentencing conditions shown in the records and arguments including the defendant's age, character and conduct, environment, and circumstances after the crime, and the sentencing guidelines set by the Sentencing Commission of the Supreme Court (at least eight months of imprisonment), each of the larceny [the scope of recommendation] of types of larceny [the scope of punishment] of larceny [the mitigated range] in the mitigated area (8 to one year and six months] [the scope of special mitigation] in cases of intrusion upon a place other than indoor residential space (type 4] in accordance with the sentencing guidelines for multiple crimes: Imprisonment with prison labor for not less than eight months (the minimum sentencing guidelines for the crime of intrusion upon residence are not set; thus, the sentencing guidelines set for the crime of intrusion is set). In full view of the above circumstances, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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