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(영문) 울산지방법원 2019.03.21 2019노24

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

The judgment below

Criminal facts

"58,000 won" in paragraph (2) shall be "57,000 won".

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the grounds for appeal of this case is in favor of the Defendant, and the Defendant appears to have committed each of the crimes of this case with its thirst, with its thirst, when the Defendant was unable to have taken pictures necessary for identification after the Defendant was released from the military court, and the amount of damage is relatively small.

However, on August 11, 2017, the defendant was sentenced to 8 months of imprisonment with prison labor for larceny and night chip admission larceny at the Ulsan District Court on August 5, 2017, and the execution of the sentence was terminated on December 5, 2017. On May 15, 2018, the same court was sentenced to 6 months of imprisonment with prison labor for night residence intrusion larceny and the execution of the sentence was completed on September 25, 2018, and was released from prison on September 25, 2018. The defendant committed each of the crimes of this case only 3 days, even though he was under repeated crime, and did not have been used from the victim, and considering all other circumstances, such as the defendant's age, character and behavior, environment, motive and background leading to the crime of this case, its means and consequence, and the circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, since it is obvious that "58,000 won" in paragraph (2) of the crime of the lower judgment is a clerical error in "57,000 won", it shall be corrected to "57,00 won" in accordance with paragraph (1) of Article 25 of the Regulation on Criminal Procedure.