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(영문) 울산지방법원 2016.11.24 2016노1481
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution regarding intimidation among the facts charged in the instant case and sentenced the remainder of the facts charged.

However, since only the Defendant appealed the guilty portion of the judgment below and did not appeal all the prosecutor and the Defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The sentence imposed by the court below (seven months of imprisonment) is too unreasonable.

3. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflected his mistake, the fact that the defendant agreed smoothly with the victim during the original trial, and the fact that the defendant did not have the same criminal record are favorable to the defendant.

However, in light of the content and circumstances of each of the crimes of this case and the scale of damage, etc., it is inevitable to punish the defendant for a considerable period of time in that the defendant committed the crime of this case during the period of repeated crime of robbery.

In addition to these circumstances, considering the various conditions of sentencing as shown in the records and arguments, including the age, character and conduct, environment, and circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee (at least four months of imprisonment), the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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