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(영문) 울산지방법원 2013.04.05 2013노56

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the appeal in this case, the sentence imposed by the court below (two years of imprisonment, fine of 300,000 won, etc.) is too unreasonable.

2. Although the victim D did not want to be punished against the defendant, and some of the damaged goods of this case were temporarily returned, there were favorable circumstances, such as the circumstance, method of crime, frequency of crime, etc. However, in light of each of the crimes of this case, most of the damaged goods were not recovered, and the defendant did not have been used from most victims, and there were records of having been punished several times due to night residence intrusion, larceny, and larceny (three times of punishment among them, three times of suspended sentence execution), and the defendant committed each of the crimes of this case again during the period of repeated crime after the execution of punishment was sentenced to imprisonment with prison labor of two years and six months and two million won of fine due to larceny, etc., and again committed each of the crimes of this case during the period of repeated crime after the execution of punishment was completed. The defendant's punishment imposed by the court below is the lowest type of recommendation type (a repeated crime, theft, one type, basic area), the defendant's age, character and behavior, circumstances, motive and circumstances of the crime, etc., and the defendant's argument 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 ground that it is without merit. It is so decided as per Disposition.