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(영문) 울산지방법원 2014.11.28 2014노924

특정범죄가중처벌등에관한법률위반(절도)등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (three years of imprisonment) is too uncomfortable and unfair.

2. In light of the fact that the defendant committed the larceny of this case, even though he had the criminal power to punish for the same crime including three times of punishment, and that the number of the crimes exceeds 57 times and the amount of damage exceeds 71 million won, the defendant is liable for such crime. However, the defendant has no criminal power during the period from the release on April 2008 to the present day, there is a family member to support the defendant, a part of the damaged vehicle is returned to the victims through the defendant's cooperation in investigation, the victims of property damage are not able to punish the defendant, the defendant is in depth, the defendant's age, environment, family relationship, and criminal record and arguments are comprehensively taken into account, and all of the sentencing factors indicated in the records and arguments of this case, such as the defendant's age, family relation, and criminal record, the prosecutor's assertion is without merit.

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