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(영문) 울산지방법원 2017.05.19 2016노2244
절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant is too unreasonable. It is so unfair that the lower court’s punishment (3 million won) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine each of the above arguments made by the Defendant and the prosecutor together with the judgment, and the Defendant committed the instant crime during the period of repeated crime of the same kind even though he/she had four identical criminal records, is disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant that the defendant recognized his mistake, against the fact that the defendant's damage is not large, and the damage is recovered.

In addition, comprehensively taking account of the fact that the Defendant’s health status is not good, the Defendant’s property status, age, sexual conduct, environment, circumstances after the crime, circumstances after the crime was committed, and whether the change in circumstances occurred after the sentence of the lower judgment, etc., the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed to be excessively heavy or unreasonable.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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