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(영문) 울산지방법원 2017.07.07 2017노585
야간방실침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflected, that the defendant does not want punishment against the defendant by mutual consent with the victim G at the original trial, and that the amount of damage is somewhat minor.

However, the instant crime was committed by the Defendant entering a lodging facility, such as a telecom, in which the Defendant stolen clothes, cash, etc., and was highly likely to commit the crime, and was punished four times for the same crime. In particular, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Ulsan District Court on June 28, 2013 and was sentenced to one year for the instant crime was committed on May 4, 2014 after the execution of the sentence was completed, and was committed during the repeated crime period, which was disadvantageous to the Defendant.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, 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.

However, since it is apparent that the application column of the judgment of the court below is omitted in the application column of the repeated crime, the first head of the crime includes the criminal record of the repeated crime, the evidential materials on the records of the crime are stated in the column of evidence, and the reason for sentencing also states that the criminal record of the defendant was considered.

In accordance with Article 25(1) of the Regulation on Criminal Procedure, "the addition of 1. repeated crime" is made in the 19th sentence of the judgment of the court below ex officio in accordance with Article 25(1).

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