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(영문) 울산지방법원 2018.04.06 2018노54
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below on the scope of the judgment below on the charge of violation of road traffic law due to the destruction of property by negligence among the facts charged against the defendant, and each of the remaining facts charged was pronounced guilty, and only the defendant appealed against the guilty portion among the judgment below, the part on the dismissal of the above indictment which the prosecutor and the defendant did not appeal was separated and confirmed as it is.

Therefore, the scope of this court's judgment is limited to the conviction of the defendant.

2. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

3. The decision shows the attitude of the defendant to reflect his mistake, the F and N agreed that the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, etc., which can be considered for the defendant, and the defendant went to each of the crimes of this case without being subject to a repeated crime. In particular, even though an investigation is conducted by an investigative agency due to the crime under paragraphs 1 and 2 of the decision of the court below, the crime is very bad, and the crime is committed under Articles 3 and 5 of the decision of the court below, and two times of punishment due to drinking driving, two times of punishment due to a fine, theft, and fraud, etc., the court below sentenced the lowest sentence of imprisonment at the court below, and other factors such as the defendant's age, sex, home environment, the motive and consequence of the crime, the method and result of the crime, the application of sentencing guidelines and sentencing guidelines of the Supreme Court committee mentioned in the arguments of this case, etc., it is not deemed unfair for the court below to have sentenced too unfair punishment.

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

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