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(영문) 울산지방법원 2017.01.20 2016노2095
상습특수절도미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment follows: (a) the Defendant recognized all of the crimes of this case; (b) all of the crimes of this case were committed in favor of the Defendant; (c) the Defendant committed the same offense before the instant case; or (d) five times the career of having been sentenced to the same punishment before the instant crime; and (c) each of the crimes of this case was committed by the Defendant in an attempt to steal the property by intrusion upon another’s residence beyond the fence at night; (d) the risk of the act of crime or behavior is significant; (e) there is no circumstance or change of circumstances that may be newly considered in sentencing after the decision of the lower court was rendered; (e) there is no other circumstance or change of circumstances that may be newly considered in sentencing; and (e) the Defendant’s age, sex, criminal conduct, environment, motive and circumstance of the crime, and the means and consequence of the crime; and (e) circumstances after the crime, etc., the sentence of the lower court is too unreasonable, and thus, the Defendant’s assertion is not reasonable.

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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