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(영문) 울산지방법원 2019.07.04 2019노411
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, confiscation) is too unreasonable.

2. The judgment of the defendant committed the larceny repeatedly in a short period, the frequency of the crime is also 12 times, and the crime of this case is very bad to commit the crime under a secret plan, such as preparing tools for the crime in advance.

The scale of damage is very significant in the amount of about 36 million won.

Even though there are two penalties for fines for the same crime, the theft crime of this case was committed without any awareness of any particular crime.

However, the Defendant acknowledges all of the instant crimes, misleads the Defendant, and again does not commit such an act.

All victims have agreed to recover from damage, and victims have not wanted to be punished.

There is no record of criminal punishment exceeding fine.

It seems that social ties are relatively reliable, such as the defendant's wife, sibling, and workplace club fee continuously wanting to keep the defendant's wife against the defendant.

There seems to have been time to think about the seriousness of his behavior through the prison life for about 80 days, and it seems that there is no high risk of recidivism, such as the defendant's wife and family members' efforts to help the defendant receive mental and counseling treatment in order to treat his own wall inclinations in the future.

In addition, comprehensively considering the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, there is room to open the most responsible manner for two children who want to report the Defendant, and the way to serve at home and society by returning the Defendant to a sound social person. Therefore, the sentence of the lower court against the Defendant seems to be somewhat heavy.

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