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(영문) 울산지방법원 2017.09.07 2017노903
특수절도미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had been under the influence of alcohol at the time of committing the instant crime, he had committed a mistake that the lower court did not recognize it.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the record as to the assertion of mental disorder, although the defendant is deemed to have a drinking condition at the time of the crime of this case, in light of the defendant's behavior before and after the crime of this case and the method of the crime of this case, the defendant was in a mental and physical loss or mental weak condition.

is not recognized.

B. The circumstances favorable to the unfair argument of sentencing have shown the attitude of recognizing and opposing the crime of this case.

The instant crime was committed against the attempted crime, and only the damage caused by the lock of the entrance was destroyed.

D. Unfavorable circumstances: Although the crime of this case was committed against the attempted attempt, the method of the crime of this case was professional and active, such as destroying the correction device to the dives of the divers, and intrusion on the building.

The defendant has been punished several times for the same crime, and in particular, the crime of this case was committed during the suspension of execution due to the same crime.

The crime of this case, including the above favorable circumstances, the defendant's age, character and character environment, relation to the victim, motive means of crime, result of crime, circumstances after crime, etc., and all of the sentencing conditions indicated in the arguments and records, shall not be applicable to the crime of this case as a single crime.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

3. 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.

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