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(영문) 울산지방법원 2019.06.20 2019노382
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The following are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of each of the instant offenses; (b) the Defendant supported his father who is not good in health; and (c) the Defendant began to commit larceny since 2016; and (d) there are some circumstances to take into account the fact that the Defendant might have taken into account the theft crime.

However, each of the instant offenses committed by the Defendant was committed several larcenys from the end of December, 2018 to the end of January, 2019, and was committed by purchasing goods using a card, which is a damaged product. Since the repeated commission of the instant offense was committed within a considerable period, the quality of such offense is very inappropriate. In particular, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court on August 11, 2016, and on February 2, 2017, after being sentenced to ten months of imprisonment with prison labor for night building intrusion larceny, etc. at the same court, and on September 18, 2017, the Defendant again committed each of the instant offenses, even during the period of repeated offenses after the completion of the execution of the sentence, and even during the period of repeated offenses, there was a high possibility of criticism or risk of repeating crimes, and no damage was recovered, and the Defendant’s environment, motive and circumstances leading up to the instant offense, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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