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(영문) 울산지방법원 2015.07.17 2015노475
상습절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 1 to 18, 26, 28 through 28.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of this case, the punishment (one year and six months, and confiscation) imposed by the court below is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.

2. Before the judgment on the grounds of appeal by both ex officio, the prosecutor examined ex officio, and at the trial court, the prosecutor applied for the amendment of a bill of indictment to add the crimes listed in [Attachment] Nos. 36 to the larceny, which constitute a single comprehensive crime of habitual larceny, which is the facts charged in the instant case. This court permitted this and changed the subject of the judgment. This part of the judgment below should be sentenced to one punishment in relation to the remaining facts charged in the instant case, and thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and it is again decided as follows through pleading.

[D.] The criminal defendant was a person who has no certain occupation, and was prepared in advance to steal property for the purpose of preparing living expenses, such as hacks, strings, kniffs, handbs, dracks, makes, etc.

At around 01:30 on August 23, 2014, the Defendant: (a) laid off and destroyed the lock-gate locking device of the Rabro, which was prepared in advance, and intruded into the inside; and (b) stolen it with a total of KRW 500,000,000, total market value of one simple credit cooperative consisting of KRW 220,000 in cash owned by the victim within the limit of the Defendant.

In addition, the Defendant steals, from that time until March 18, 2015, property equivalent to 19,841,300 won in total, over 36 times in the same manner as the list of crimes in the attached Form.

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