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(영문) 울산지방법원 2018.11.16 2018노987
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment was based on the following circumstances: (a) the Defendant was aware of all of his crime and seriously against himself; (b) the Defendant’s family members, etc. wanting to take the Defendant’s wife against the Defendant; and (c) the victims received the amount of damages at the lower court and wanting to take the Defendant’s wife by agreement with the Defendant, etc.; and (d) the Defendant was favorable to the Defendant.

However, in light of the following: (a) the Defendant was a repeated crime; (b) the amount of damage was not small; (c) the Defendant committed a larceny crime under several laws during the period during which the Defendant was sentenced to a fine and committed a second offense without any reflective behavior; and (d) the Defendant’s family relation, economic circumstances, age, sexual conduct, age, sexual motive and background, means and consequence of the crime; (d) the circumstances after the crime was committed; and (e) whether there was change in circumstances after the sentence of the lower judgment, the lower court appears to be within a reasonable and appropriate scope and thus is unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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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