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(영문) 울산지방법원 2018.04.12 2018노72

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.


1. The sentence imposed by the court below (three years and six months) on the defendant is too unreasonable, due to the summary of the grounds for appeal.

2. As to the grounds for appeal, the Defendant has no effect of improving punishment, such as committing a crime similar to one another within a short period after the completion of the execution of a sentence, and there is a number of records of punishment concerning drinking, driving without a license, driving without a license, and larceny; accordingly, the Defendant has been sentenced to a suspended sentence once, two times of suspended sentence; and ③ The Defendant committed the same crime during the period of repeated crime, which is a repeated crime, and is at risk of repeating the crime, and is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case, the fact that the defendant paid food expenses and tobacco expenses by using the card that he acquired on the road, and there is room to regard it as a living offense, and that the amount of damage or damage is not much severe, and that part of the stolen damage was returned to the victim and the damage was recovered, etc. are favorable to the defendant.

In addition, the defendant's age, sex, intelligence, environment, relationship with victims, motive, means and consequence of the crime, etc., as well as all the sentencing conditions indicated in the arguments and records, including the circumstances after the crime, and the sentencing guidelines set forth in the sentencing guidelines / [the scope of recommending punishment] the aggravated area (10 to 2 years) of the specific crime (special aggravated) [the scope of recommending punishment] of the same type of crime that does not fall under the aggravated specific crimes (special aggravated) / [the scope of recommending punishment] of the basic area (6 to 100 won) of the general fraud [the scope of punishment] of the crimes set forth in Category 1 (6 to 100 million won) [the person subject to special sentencing] of Category 3 (Larceny] (the scope of recommending punishment] of the crime of larceny [the scope of punishment] [1 to 10 years of the specific crime of larceny, which does not fall under the aggravated punishment of general property [1 to 3 months] of the Act on the Punishment of Specific Crimes (the scope of punishment).