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(영문) 울산지방법원 2016.04.15 2015노1414
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. However, the fact that the Defendant recognizes and reflects his mistake, that there is no relatively much weight in property damage caused by the instant crime, that it is necessary to determine punishment in consideration of equity with the case of larceny at the same time with the judgment of the lower court rendered on September 15, 2015, and that the health status is not good, etc. are favorable to the Defendant.

However, the Defendant has been sentenced to five times as punishment for the same crime, one suspended sentence, and one fine for the same crime. On February 2, 2010, the Defendant was sentenced to three years and six months of imprisonment for robbery, and committed repeatedly the instant crime on June 15, 2013, which was committed repeatedly during the repeated crime, and by impairing another’s residence and structure by destroying glass, etc. In light of the applicable law of the crime, etc., the Defendant committed larceny was committed repeatedly. Considering the circumstances unfavorable to the Defendant, such as the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc., the punishment of the lower court is too unfair, by taking into account the following factors: (a) the nature of the crime was inferior; (b) the damage was not recovered at all; and (c) most victims want to be punished by the Defendant; and (d) other various sentencing conditions presented in the argument in the instant case, including the circumstances before and after the crime.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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