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(영문) 울산지방법원 2016.06.16 2016노526

상습특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment for Defendant A and a fine of 300,000 won for Defendant B and a fine of 10,000 won for Defendant B) is too unreasonable.

2. The Defendants reply to the fact that the Defendants committed a serious mistake in the face of the defense, and reflects the fact that the Defendants parked outside of the building, and that there is relatively low risk accompanied by the infringement of possession in light of the object and method of the crime, etc., and that all of the larcenys were returned to the victims, etc. are favorable circumstances to the Defendants.

However, in light of the frequency of crimes and the number of victims, it is not easy for the defendants to commit the larceny, and further, the defendants have several records of criminal punishment due to the larceny crimes, and the defendants have committed the same kind of crime before the lapse of the punishment due to habitual special larceny or habitual larceny.

In addition to these circumstances, comprehensively taking account of the following: (a) the Defendants’ age, sex, environment, and circumstances after the commission of the crime; and (b) various sentencing conditions as shown in the pleadings, the sentence imposed by the lower court is too unreasonable.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.