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(영문) 울산지방법원 2016.02.05 2015노1439
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below's postponement of the sentence of imprisonment (four months of imprisonment) to the defendant is unfair because the sentence is too unhued.

2. The instant crime was committed on the board that stolen another person’s vehicle license plate from another person’s vehicle to operate a car without a license plate that the Defendant received as a substitute payment, and was attached to the said vehicle. The method and content of the crime is very interviewable and the nature of the crime is not good. The crime was committed in a very difficult way to grasp the ownership of the vehicle, etc., and there is a need to strictly punish the vehicle because it is likely that it will be used for the crime.

However, in full view of all of the circumstances favorable to the defendant, including the defendant's age, family relation, criminal record, sex relation, environment, means and method of the crime, motive and circumstance of the crime, etc., the lower court cannot be determined as unfair because it is too unreasonable to the extent that the lower court’s postponement of the sentence against the defendant should be reversed to the extent that it should be too unreasonable, considering the following factors: (a) the victim did not want to be punished by the defendant; (b) the car with the number plate attached was not used for a separate crime; (c) the defendant was a first offender who has no criminal record; and (d) the defendant has a high possibility of edification and improvement; and (e) the defendant was a young age of 18 years old.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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