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(영문) 울산지방법원 2016.07.20 2016노773

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the fact that the defendant recognizes and reflects his mistake; (b) the property damage caused by the crime of this case is relatively minor; and (c) substantial part of the damaged goods has been recovered, etc.

However, the crime of this case was committed by the defendant entering the victim's vehicle and stolen the goods owned by the victims. In light of the Act on the Aggravated Punishment, etc. of Specific Crimes, the crime of this case was committed without any specific effort to recover damage until now. However, there are many criminal records that have not been agreed with the victims, including two times of punishment for the same thief crime, one time of suspended execution, one time of fine, etc. In particular, the defendant was sentenced to imprisonment for ten months due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the execution of the punishment of this case was completed and again committed during the period of repeated crime, and other circumstances unfavorable to the defendant, such as the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, and the application of the sentencing guidelines of the Supreme Court and the sentencing guidelines of the Supreme Court Commission, the punishment of this case is too unfair.

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