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(영문) 울산지방법원 2012.11.23 2012노636
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (two years of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant made it difficult to maintain his/her livelihood; (b) the Defendant commits the instant larceny; (c) the Defendant is against his/her wrongness; and (d) most damaged articles were recovered; (c) the Defendant has been punished four times due to larceny, fraud, etc.; (d) the Defendant committed the instant crime on May 4, 2012; and (e) the Defendant repeatedly committed the instant crime during the period of repeated offense for which the final sentence has not yet been executed on May 4, 2012; (d) the sentence imposed by the lower court is the lower limit of the sentencing guidelines set by the Supreme Court’s Sentencing Committee (the lower limit of the recommended sentence is considered only for habitual larceny; (e) the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc.; and (e) the Defendant’s assertion is unreasonable on the grounds that the Defendant’s punishment imposed by the lower court is unreasonable.

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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