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(영문) 울산지방법원 2016.04.15 2016노295
상습절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. In light of the circumstances favorable to the Defendant, or the fact that the Defendant was sentenced to imprisonment with prison labor for larceny on July 4, 2013 and on April 1, 2014, the execution of the sentence was completed at the Ulsan District Court sentenced on June 25, 2015, and on October 11, 2015, the Defendant was sentenced to 1 year and 35,350 won in cash, and that all of the damaged items were returned to the victim during the investigation process, and that there was a history of punishment several times including three times, which the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny in the same kind, and in particular, on April 1, 2014, the Defendant was released from the Daegu District Court and was sentenced to 35,350 won in cash, and on October 11, 2015.

In addition, in full view of various sentencing factors indicated in the records, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable, and thus, 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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