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(영문) 울산지방법원 2013.04.05 2013노74

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. The conclusion that the Defendant recognized all of the instant crime and agreed with some victims should be taken into account.

However, the defendant has a large number of larceny records against the defendant, and in particular, the defendant was sentenced to a suspended sentence of six months from the Busan District Court's Dong Branch of the Busan District Court on November 11, 201 to the suspended sentence of imprisonment for larceny, and even if the judgment became final and conclusive on the 19th day of the same month and was in the suspended sentence period, the defendant committed the larceny of this case in addition, even though he was in the suspended sentence period, the court below sentenced the maximum sentence by discretionary mitigation in determining the punishment, and other various sentencing conditions specified in the records and arguments of this case, it is determined that the punishment imposed by the court below is within the proper sentencing range, and thus, the above argument by the defendant is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.