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(영문) 울산지방법원 2013.12.13 2013노732
절도
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal of this case, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the amount of damage incurred by the Defendant’s instant crime was not significant in 575,010 won; (b) the partial amount of the damage was temporarily returned or recovered and the damage recovery was achieved; and (c) the Defendant divided and reflected his mistake.

On the other hand, considering the following as a whole: (a) even though the Defendant had been sentenced to a suspended sentence of three times for the same thief and a fine for one time due to the same thief, the Defendant committed the instant crime again; and (b) its frequency up to four times; and (c) the sentencing guidelines of the Supreme Court and other conditions of sentencing, including the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, it is difficult for the

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.

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