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(영문) 울산지방법원 2015.05.29 2015노172
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the Defendant was sentenced to a suspended sentence for the same kind of crime, such as theft of goods inside a corrected vehicle, the Defendant committed the instant crime at least three months from the date when the judgment became final and conclusive, repeated seven times for a short period of 24 days, and received juvenile protective disposition twice for the same crime in around 2011.

However, considering the favorable circumstances, such as the fact that K and P, the victim of the attempted larceny, do not want the punishment of the defendant, that the defendant recognized all the crimes of this case, that the defendant has become an adult of 21 years of age, and that the defendant has promised to endeavor by his family to prevent such recidivism, as well as other factors of sentencing indicated in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the court below's sentence is too unreasonable, and thus, the prosecutor's above assertion is without merit.

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

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