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(영문) 울산지방법원 2017.09.21 2017노933
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The circumstances favorable to the judgment: The defendant shows the attitude of recognizing and opposing each of the crimes in this case.

Unfavorable circumstances: Crimes of thief violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of this case (thief) are inferior to the nature of the crime in hand, the degree of damage was grave, and the damage was not recovered.

There are several criminal records about larceny in the accused.

Defendant did not know even during the period of the same repeated crime, but committed the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in this case.

All the circumstances of sentencing and the scope of recommended punishment in the sentencing guidelines, including the above favorable circumstances, unfavorable circumstances, the defendant's age and character environment, relationship to victims, motive means of crime, results of crime, circumstances after crime, etc., as well as the various conditions of sentencing and the scope of recommended punishment in accordance with the sentencing guidelines (one year and six months to September).

(a) The basic area (one year or six months to three years) of theft under the Punishment of Specific Crimes Aggravated Punishment Act;

(b) One category (joint and repeated theft) in the Punishment of Specific Crimes Aggravated Punishment Act (joint and repeated crime). Basic area (one year to six months);

(c) Type 1 (Destruction of Property, etc.) basic area (from April to October), which consists of two concurrent crimes (Destruction of Property, etc.);

D. In full view of the total amount of imprisonment with prison labor for one year and six months to four years and nine months, the sentence imposed by the court below to the defendant deviates from the sentencing discretion.

It is not recognized that it is unfair because it is too unaffort enough to be assessed.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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