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(영문) 울산지방법원 2017.11.10 2017노1135
특정범죄가중처벌등에관한법률위반(절도)등
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 judgment of the court below shows the attitude of recognizing and opposing each of the crimes of this case. The defendant's attitude also leads the defendant to the defendant, and there are favorable circumstances for the defendant, such as the defendant's desire to have a preference, the amount of damage, and the victims' agreement smoothly with the victims. However, the court below seems to have given full consideration of the above circumstances, given that the defendant has been punished several times for the same kind of crime, and the defendant has been punished several times for the same crime, and the execution of imprisonment with prison labor has been completed as a result of habitual larceny of the same kind of crime and fraud, and even if the defendant committed each of the crimes of this case under the same law again during the period of repeated crime for which one month has not passed, it cannot be deemed that the court below's punishment is excessively unfair, considering the circumstances unfavorable to the defendant, such as the defendant's age and age, sex, environment, family relation, criminal records, criminal records, motive, circumstances, etc., and various circumstances that constitute the conditions for sentencing after the crime.

Therefore, 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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