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(영문) 울산지방법원 2016.11.25 2016노1557
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

2. We examine the facts that the defendant recognized the crime of this case and against it, there are favorable circumstances for the defendant, or records of juvenile protective disposition and criminal punishment several times due to the crime of larceny in the same kind. In particular, the defendant was sentenced to a suspended sentence of one year at the Ulsan District Court on August 17, 2012, which became final and conclusive on August 25, 2012, and went back to the crime of this case without being subject to the suspended sentence, eight times or repeated crimes under the same law during the short term, and most damages caused by the crime of this case were not recovered. The victims did not agree with the victims, and there were no other circumstances or changes in circumstances that may be newly considered in sentencing after the judgment of the court below was rendered, and considering all the records and various sentencing factors revealed in the trial process including the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., the defendant's assertion that the above sentence of this case is unreasonable and unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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