Cases
2013No503 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and general building
Water fire prevention, attempted fraud, Violation of the Road Traffic Act (Non-licensed Driving);
Batables of cephals
Defendant
A
Appellant
Defendant
Prosecutor
Kim Yong-Jak, Jin Jin, GinJina, Mazin, Mazin, Heung-Pap, Final Gyeongsung, Mazin, Kim Jong-k
(A)An indictment or stuff (public trial)
Defense Counsel
Attorney B
Judgment of the lower court
Ulsan District Court Decision 2013Gohap45,69,78,106 (each of them) Decided September 6, 2013
Judgment
Imposition of Judgment
January 16, 2014
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
In light of the various sentencing conditions of the instant case, the sentence imposed by the lower court (five years of imprisonment, No. 1 to 18) is too unreasonable.
2. Determination
Examining the various sentencing conditions in the instant case, there are circumstances favorable to the Defendant, such as the fact that the Defendant has led to the confession of all the criminal facts in the instant case and committed a misunderstanding, and that the Defendant appears to have endeavored to faithfully find employment at the workplace after release and to lead a life in the workplace.
However, even though the Defendant had been punished several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant committed the larceny repeatedly for about 68 months during the period of repeated crimes, and the amount of damage to the larceny is about 43 million won, and no damage is recovered without agreement with the victims, and the Defendant committed the fire prevention to conceal the larceny crime, and other various sentencing conditions shown in the instant argument, such as the Defendant’s age, character, character and behavior and environment, it is not recognized that the sentence imposed by the lower court against the Defendant is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. Conclusion
Thus, the defendant's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
Judges
Kim Jong-cheon (Presiding Judge)
Gangwon-domen' accommodation
Freeboard Kim