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(영문) 울산지방법원 2018.12.21 2018노1144
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. We examine the judgment, and the following facts: (a) the Defendant was aware of all of his criminal acts and seriously against the Defendant; (b) the amount of damage caused by each of the instant criminal acts is not significant; and (c) the damaged goods in the crime of embezzlement were returned to the victim and the said victim did not want the punishment of the Defendant.

On the other hand, although the defendant had been punished several times for the same crime, he committed each of the crimes of this case again during the period of repeated crime, and was unable to recover damage, etc. In addition, considering the defendant's age, sex, environment, motive, background, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., the sentence of the court below is deemed to be within the reasonable and appropriate scope, and it cannot be deemed unfair because it is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes) of the part of “the pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the “Application of the Act” of the lower judgment appears to be a clerical error in the part of “Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes” and “the proviso of Articles 35 and 42 of the Criminal Act” in the part of “the aggravated punishment of repeated crimes” as “Article 35 of the Criminal Act on the crime of embezzlement”. Thus, the ex officio correction is made pursuant to Article 25(1) of the Regulation on the Criminal Procedure.

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