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(영문) 울산지방법원 2016.04.08 2016노189

상습야간주거침입절도

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is based on the circumstances favorable to the defendant that the defendant recognized all of the crimes of this case and reflected.

However, the Defendant had been sentenced to one suspended sentence and four sentenced punishment for the same crime. In particular, on November 15, 2010, the Defendant was sentenced to four years and six months of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on the Aggravated Punishment, etc. of the Specific Crimes. On January 15, 2015, the Defendant started committing the instant crime on only one month after the execution of the said sentence was completed, and committed the instant crime on January 15, 2015, and thereafter up to nine months during a period of 32 months from that time. The Defendant stolen money and valuables by repeatedly infringing upon the residence by destroying an empty house during alley week or at night. In light of the fact that the law on the punishment was interview and dangerous, and most damages caused by the instant crime have not been recovered, the Defendant cannot be exempted from the strict punishment corresponding to the Defendant’s liability for the crime.

In addition, in full view of various sentencing factors indicated in the records, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable, and thus, the defendant's assertion is without merit.

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.