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(영문) 울산지방법원 2017.01.13 2016노2153
재물손괴
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

The Defendant had been punished for committing the instant crime against the victim of the instant crime for attempted larceny and intrusion upon residence, and the Defendant had been sentenced to a suspended sentence of one year in April due to the crime committed by the Ulsan District Court on December 10, 2015, which committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) at the Ulsan District Court on December 10, 2015. The instant crime was committed during the period of the suspended sentence due to the said crime, which was committed by the Defendant, and the Defendant was dissatisfied with the CCTV that was found to have committed the instant crime due to the CCTV at the time of the previous crime, and was committed against the Defendant, which was disadvantageous to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case, and the defendant was able to repent himself/herself through the life of confinement for about four months, the fact that the injured person does not want to punish the defendant, and the degree of damage to property is not relatively much serious.

In light of the circumstances that are favorable to the above unfavorable circumstances and the Defendant’s age, sex, environment, motive and background of the crime, the means and consequence of the crime, etc., as well as the circumstances that are the conditions for the sentencing of this case, which are shown in the trial process, after the judgment of the court below was rendered, even if there are no circumstances or changes in circumstances that may be newly considered in the sentencing after the sentence of the court below, the sentence of the court below is too heavy or unbrupted, and thus, it does not seem unfair. Accordingly, all of its arguments by the Defendant and the Prosecutor cannot

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are in accordance with Article 364(4) of the Criminal Procedure Act.

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