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(영문) 울산지방법원 2014.02.19 2013노1071
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

2. Of the stolen goods of this case, the court below’s provisional return was made, and there was favorable circumstances such as the Defendant’s violation of one’s wrongness through confinement life. However, considering the following factors: (a) the Defendant was unable to recover damage up to the trial; (b) the Defendant committed each of the crimes of this case even though he had been punished several times due to larceny, violation of the Military Service Act; and (c) other various sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’s sentence imposed by the court below cannot be deemed unreasonable, and 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 since it is without merit. It is so decided as per Disposition.

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