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(영문) 울산지방법원 2017.01.20 2016노2024
주거침입
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, the Defendant committed the instant crime; however, the Defendant was sentenced to four years of imprisonment on July 5, 2012 with prison labor for robbery at the Gangnam Branch of the Chuncheon District Court on April 16, 2016, and the execution of the instant punishment was completed on April 16, 2016 and came to the instant crime only for two months after being discharged from prison, even though he was under repeated crime. The instant crime is deemed to have infringed upon another person’s residence at the court, and is deemed to have considerable risk of additional crimes; the instant crime does not appear to have been agreed with the victim; the Defendant did not agree with the victim; there was no other circumstances or changes in circumstances that may be newly considered in sentencing after the judgment of the court below was rendered; the Defendant’s age, sex, environment, motive and background of the instant crime, the means and consequence of the relevant crime, and the circumstances after the crime, and other various sentencing records and the trial process. 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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