(영문) 울산지방법원 2014.02.19 2013노1068 | 리걸엔진

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(영문) 울산지방법원 2014.02.19 2013노1068

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime and reflects the wrongness of the defendant, the agreement was reached with D among the thief victims, and deposit V for the victim F with the deposited amount of KRW 2 million, in order to deposit the victim F.

However, even though the Defendant had been sentenced to 15 years of imprisonment due to robbery on January 27, 1989 and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) had been sentenced to 15 years of imprisonment on several occasions, the Defendant committed the instant crime. The method was also used to damage a locking device, and then intruded into a structure and stolen it, and the risk of such theft is heavy and bad, and the sentencing guidelines 1.4.4.

2. A mitigation element of larceny (a person who is a special sclare) against general property: A mitigation element of larceny: Where a person carries a lethal weapon, or where a person carries a lethal weapon, a basic area (a person shall be limited to the scope of decision and recommendation in the recommending area) and imprisonment for a year to June 2;

3. Third offense (decision on types of theft) basic area of larceny (decision on the recommended area), imprisonment with prison labor for one year or two years and six months; and

4. The result of the increase in multiple crimes (1/2 of the upper limit of crimes No. 1/3): The court below shall take into account the present arguments and all of the sentencing conditions stated in the records, such as imprisonment between 1 and 6 months, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the degree of participation in the crime, and circumstances after the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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