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(영문) 울산지방법원 2016.11.04 2016노1389

상습특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. Determination: (a) the Defendant recognized and against each of the instant crimes; (b) the Defendant agreed with the victim of larceny; (c) the Defendant had been punished several times in favor of the Defendant; (d) the Defendant had been punished several times due to the same larceny crimes; and (e) the Defendant was sentenced to imprisonment with prison labor for 4 years and fines of 300,000 won in Ulsan District Court on January 14, 201, due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) at the Ulsan District Court on November 28, 2014; and (d) the Defendant did not take part in the instant crime while serving as a repeated offender after the completion of the execution of the sentence; (c) the instant crime was committed on the ground that the Defendant intruded another’s building at night and attempted to steals property or attempted to steals; (d) the Defendant had been able to intrude the building following the removal of iron bars or glass; and (d) the Defendant’s new method of using the Defendant’s new method, how and how to harm the Defendant’s circumstances or risks of change, etc.

3. In conclusion, the defendant'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.

However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the previous records of the judgment of the court below are "1.": Attachment of investigation reports, written judgments, etc., and acceptance by individuals.