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(영문) 울산지방법원 2016.01.08 2015노1065

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the defendant all of the crimes of this case is recognized and the depth of each of the crimes of this case is against the defendant, the total amount of damage is not more than 4.6 million won, and the case is not less than 4.6 million won, and 10 out of 19 victims have been agreed with 19 victims, and the victims have not want to be punished by the defendant. The circumstances favorable to the defendant are as follows.

However, each of the crimes of this case was committed by opening a corrective entrance using the tool such as a hacksaw that the defendant prepared in advance, and committed a theft or attempted theft of property by impairing another's structure. The method of crime is planned and professional, such as preparing the tools of crime in advance, and the victim was committed repeatedly over a long period of time, up to 19 persons, and the victim was punished on three occasions due to the same crime (one time of actual punishment and two times of suspended execution). In particular, the defendant committed some of the crimes of this case during the repeated crime of this case during the repeated crime period of each of the crimes of this case (number 1 through 2 of the crime list as shown in the judgment of the court below), and there is a need to isolate the defendant from society for a certain period of time to correct the character and behavior of the defendant because the defendant repeats the crimes during the suspended execution period or during the repeated crime period, despite several routes.

In light of the circumstances unfavorable to the defendant, such as the defendant's age, family relation, criminal record, sex relation, environment, means and method of committing a crime, motive and circumstance of a crime, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, it is not deemed unfair because the punishment imposed by the court below is too excessive to the extent that the punishment imposed by the court below should be reversed.

3. The defendant's appeal is without merit.