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(영문) 울산지방법원 2017.04.21 2017노258
야간건조물침입절도
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 against the Defendant (six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s assertion of the judgment and the prosecutor together with the Defendant, and the Defendant recognized and reflected all his mistake; (b) the amount of damage is relatively small; and (c) the victim does not want the Defendant to receive compensation for damage.

On the other hand, the defendant has three identical criminal records, and in particular, the defendant committed the crime of this case again within four months since he was released from the prison after the execution of punishment for the same kind of crime, and the crime is not good in light of the time and method of the crime, etc., which is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means, and consequence of the crime, circumstances after the crime was committed, and whether the change of circumstances occurred after the sentence of the lower judgment, etc., the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed to be excessively heavy or unreasonable.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

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

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