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(영문) 울산지방법원 2017.09.22 2017노815
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (such as imprisonment for a period of six months and a fine of one hundred and fifty thousand won).

2. The judgment of the court below shows the attitude of recognizing and opposing each of the crimes of this case, the amount of damage is not so significant in the case of special larceny, the agreement with the victim is also reached, and the equity in the case of fraud at the same time with the judgment of the court below which became final and conclusive, etc. However, the court below seems to have sentenced to the maximum imprisonment after fully taking into account the above circumstances into account. In addition, even though the defendant had a record of serving a sentence for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of the same kind, etc., even though he had a record of serving a sentence for the crime of larceny of this case, the defendant committed the crime of denying another person's driver's license after acquiring another person's driver's license, and the crime of abusing the above driver's license while driving the other person's license is also not less complicated, and the defendant's age, sex, environment, circumstances, motive and circumstance of the crime, etc., and other circumstances that were disadvantageous to the defendant.

Therefore, 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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