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(영문) 울산지방법원 2016.01.08 2015노1369

절도등

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. The following facts are that the defendant recognized his crime of this case at the latest and reflects the fact that he was a recipient of basic living and health conditions, etc. However, the crime of this case was committed again on October 22, 2014 after being sentenced three years to imprisonment with prison labor for the crime of this case; however, in view of the fact that the crime of this case may sufficiently suppress or escape from the crime at the scene of the crime, even if it is discovered at the scene of the crime that children and female teachers are working, the crime of this case may not be committed against the victims vulnerable to the crime of this case, such as: (a) having interview with the victims during the time zone where the children and female teachers are working; (b) having committed the crime of this case; (c) having been committed against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on December 13, 2011; (d) having committed the crime of this case at least six months after being released from prison; and (d) having no motive and circumstances leading up to the victims and the defendant's age of this case; (d) the defendant's age of this case.

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.