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(영문) 울산지방법원 2016.01.29 2015노1379
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized all of the instant crimes; (b) the Defendant appears to have caused the instant crime because of the economic difficulty of the Defendant; (c) the Defendant’s health status appears to be inappropriate; and (d) the fact that the Defendant’s education and improvement potential remains relatively old.

However, in light of the above favorable circumstances, the court below is deemed to have already determined punishment in this case. The defendant stolen cash and merchandise coupons, etc. while working at the oil station in the operation of the victim, and then stolen cash in the above oil station at night. In light of the circumstances of the crime, how the crime was committed, how the crime was committed, how the crime was committed, how the victim employed himself was committed, and how the crime was committed in this case. Nevertheless, the court below did not agree with the victim, and did not endeavor to recover the damage, and it did not pay any effort to compensate for the damage. The court below did not decide that the defendant was disadvantageous to the defendant, such as the fact that there was a record of receiving the juvenile protective disposition more than three times due to the crime of larceny, such as special larceny and night structure theft, and the defendant's age, family relation, relationship with the criminal defendant, sexual conduct, environment, means and method of the crime, how the crime was committed, how the crime was committed, how the crime was committed, etc., and all the sentencing guidelines and the result of the sentencing of the commission should not be applied.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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