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(영문) 울산지방법원 2017.02.10 2017노12
야간주거침입절도등
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. Determination as follows: The defendant recognized all of the crimes of this case and reflects on all of the crimes of this case, and the damage to each individual crime is serious.

It is difficult to view that the Defendant constitutes a crime of living type, or that the Defendant did not know that it was favorable for the Defendant, even though he was a repeated crime due to the same kind of crime, and repeats the crime for a short time. Each of the crimes of this case is a theft of property by impairing another person’s structure or residence through the window that was not corrected at night, and thus, there is considerable risk of applying the law or form of an act; there is no circumstances or change of circumstances that may be newly considered in sentencing after the decision of the lower court was rendered; and other various sentencing factors that were shown in the trial process, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., and the sentence of the lower court is too unreasonable. Therefore, the above assertion by the Defendant 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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