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(영문) 울산지방법원 2015.05.08 2015노185
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and fine of 300,000 won, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Reasons

1. The main point of the grounds for appeal is that the punishment of the lower court (the imprisonment of two years and the fine of 300,000 won, the imprisonment of two years and the fine of two years, the short-term one year and six months) is too unreasonable;

2. Determination

A. In light of the fact that Defendant A was already subject to juvenile protection disposition 14 times as the same crime, and the Defendant committed the instant crime while on probation, and that the same crime subject to juvenile protection disposition also intrudes on accomplices, commercial buildings, etc. and repeats a similar type of crime by deceiving property, and that the Defendant committed the instant crime over 18 occasions in collaboration with accomplices, etc., the liability for such crime is not weak.

However, considering the favorable circumstances, such as the fact that the defendant recognized the crime of this case, the victim's agreement with 11 victims, deposited the amount of damage against 3 persons, the remittance of the amount of damage to 2 persons, and the fact that there is no record of criminal punishment other than the protective disposition of juveniles, etc., the court below's punishment is too unreasonable in light of various sentencing conditions in the records, such as the accomplice's punishment and the defendant's age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, etc.

B. In light of the fact that Defendant B was already subject to juvenile protective disposition nine times as a same crime, and the Defendant committed the instant crime despite being under probation; the same type of crime subject to juvenile protective disposition also repeats the crime similar to taking the property by infringing on accomplices, commercial buildings, etc.; and that the Defendant committed the instant crime on 23 occasions in collaboration with accomplices, etc., the responsibility for the instant crime is not somewhat weak.

However, it is recognized that all of the crimes of this case are committed, agreed with 11 victims, deposited the amount of damage to 4 victims, remitted the amount of damage to 3 persons, is a juvenile under the age of 18, and juvenile protective disposition was received.

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