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(영문) 울산지방법원 2016.07.22 2016노806

상습절도

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. The judgment follows: (a) the defendant recognized the crime of this case; (b) the facts that the defendant agreed with the victim E and G are favorable to the defendant; (c) the defendant had been punished several times including four times of punishment for the same crime; (d) the defendant was sentenced on January 10, 208 to the Seo branch branch court of the Daegu District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on May 7, 2009; and (e) the execution of the sentence was completed on May 7, 2009; (d) the defendant did not go back to the crime of this case without being sentenced to imprisonment for one year and six months; and (e) the crime of this case was committed in collaboration with his accomplice and did not go into the crime of this case; and (e) there is considerable risk of infusing property by intrusion upon another's residence, etc.; (e) there is no circumstances or changes in circumstances that may newly be considered in sentencing after the decision of the court below was rendered; and (e) there are no other factors expressed in the judgment of sentencing after the above.

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.