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(영문) 울산지방법원 2019.10.10 2019노198
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment defendant recognized all of the crimes of this case and repented his mistake in depth.

In addition to those subject to a fine on a total of two occasions in 2001 and 2017, the defendant has no other penal power, and there is no same electric power.

On the other hand, the crime of this case is highly likely to be criticized because the defendant committed an act, such as theft of clothes by intrusioning the dwelling where women live mainly, or putting or putting the clothes in his fixed amount into the dwelling, etc.

From around 2014, the Defendant committed each of the instant crimes repeatedly from around 2014, and thus, is highly likely to repeat the instant crimes.

Until the trial, it was impossible to reach an agreement with the victims.

Taking into account the circumstances favorable to the defendant, such as the above, as well as the unfavorable circumstances, such as the age, environment, criminal record, relationship of the defendant, motive and background of the crime, the result of damage, the circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (one year or more),

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 (Determination of Punishment at Night) thiefth (Determination of Punishment) thief (Type 4) thief [No person who is a special person] thief (the scope of recommending area and recommendation] thief (the scope of recommending area and recommendation] , imprisonment with prison labor for one year to two years;

(b) Second crimes (at night decisions on types of larceny) (the thief) (the thief) (type 4), there is no person who is a special person [the area of recommendation and the scope of recommendation], the basic area of the thief (the scope of recommendation and recommendation], and one year to two years and six months;

C. Type 3 (Determination of thief) thief (type 4) thief (type 4) thief [the scope of recommendation area and recommendation range] basic area of theft [the scope of recommendation area and recommendation range], one year to two years.

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