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(영문) 울산지방법원 2016.04.22 2016노149

상습절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the defendant, or the fact that the defendant recognized all of the crimes of this case, although he had been sentenced three times to punishment due to larceny, the defendant committed habitual larceny crimes of this case without being sentenced to punishment. On August 30, 2011, the defendant was sentenced to imprisonment for three years and six months at the Busan District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fugitive Vehicles) at the Busan District Court on the Aggravated Punishment, etc. of the Specific Crimes. On December 21, 2014, the defendant committed each of the crimes of this case including a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of the same kind, even though he had completed the execution of the punishment, and even during the repeated period, the defendant committed joint assault and joint injury crimes of this case without any justifiable reason, and thus, there is a high possibility of criticism or criticism in light of the circumstances that the defendant committed each of the crimes of this case and the victim did not reach the age of the victims, circumstances and circumstances of the crime, and the following reasons for the crime.

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.

However, pursuant to Article 25 of the Rules on Criminal Procedure, the defendant A and the defendant AE in the criminal facts of the judgment of the court below are as follows: the defendant A's conduct Nos. 6, 5, 20, 6, 5, and 7's conduct; the defendant A's conduct Nos. 18, 19, 6, and 11's conduct in the criminal facts of the court below; the defendant AD and the defendant AE in the criminal facts of the court below; the defendant AD and the defendant AE in the criminal facts of the court below are as "AD and AE;" Article 329's conduct in the criminal records No. 9, 13, in the application of the law.