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(영문) 울산지방법원 2018.06.29 2018노396
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the conclusion of the judgment; (b) the fact that part of the damaged items were returned to the victims; and (c) the Defendant recognized all of the crimes of this case; and (d) the Defendant reflects the mistake

However, the crime of this case is committed once again in the name of the defendant who has completed the execution of imprisonment for the same kind of crime, and has stolen property worth KRW 47 million through nine times in total, including theft of motor vehicle, and embezzled and repeatedly operated a stolen motor vehicle without a driver's license. In light of the circumstances leading up to the crime, the form of the crime and repetition of the crime, etc., the criminal liability is heavy, and the defendant has committed the crime of this case again during the period of repeated crime even though he had been punished five times by larceny, etc., and has not made any effort to recover from damage. In full view of all the sentencing conditions stated in the arguments of this case including the defendant's age, health and economic conditions, sex, environment, motive, means and result of the crime, etc., it cannot be deemed that the punishment of the court below is reasonable and reasonable and reasonable, and it is unreasonable to have excessively unfair due to the lack of reasonable and reasonable scope.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

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