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(영문) 울산지방법원 2015.05.08 2015노128
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The crime of this case was committed in light of the following circumstances: (a) the Defendant, while serving as the parking management personnel, stolen approximately KRW 22,00,000 in total within the customer’s vehicle due to the vehicle heat, which was delivered by the customer; (b) the damage amount of this case was not much and the considerable part of damage was not recovered; (c) the Defendant repeated the crime of this case even though he was sentenced to two years of suspended execution in October due to the obstruction of performance of official duties, which was currently being under suspended execution; and (d) other factors such as the Defendant’s age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime; and (e) the application of sentencing guidelines by the Sentencing Committee of the Supreme Court, even if considering the circumstances such as the Defendant’s confession and reflects his criminal act; and (e) the health situation is not good due to depression, etc., it is not deemed unfair to impose the sentence imposed by the lower court.

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

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