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(영문) 울산지방법원 2018.11.15 2018노902
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unhued and unfair.

2. Each of the crimes of this case on the grounds of appeal is that the defendant committed each of the crimes of this case against the defendant, since he was sentenced to imprisonment with prison labor for habitual larceny at the Ulsan District Court on October 16, 2015 and was sentenced to two years for habitual larceny on May 9, 2017 and committed each of the crimes of this case while he committed each of the crimes of this case during the period of repeated crime by wearing her mother and her clothes and her clothes so as not to identify his identity, and carrying her clothes and her clothes in order to protect the money and goods, etc.

However, in light of all the circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the fact that the amount of damage to each of the instant larceny was not much than KRW 3070,000,00,000, and that the Defendant was unable to lead a normal daily life due to difficult conditions such as unknown scams in his family environment (Evidence 506 page), and that each of the instant crimes was committed in the economic situation where he was faced with poor economic difficulties (Evidence 506 page). In addition, considering all such circumstances as the Defendant’s age, sex, sex, environment, motive and circumstance leading to the instant crime, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair as it is too unfeasible.

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

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