(영문) 울산지방법원 2016.09.30 2016노1086 | 리걸엔진

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(영문) 울산지방법원 2016.09.30 2016노1086

특정범죄가중처벌등에관한법률위반(절도)등

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and ten months.

Reasons

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

2. The crime of this case, which committed the crime of this case on board, is an unfavorable circumstance to the Defendant, even though the Defendant had been sentenced five times to imprisonment with prison labor due to the same kind of special larceny, etc. even before the instant case, despite the fact that the Defendant had been sentenced one time to suspend execution, committed the crime of this case under the same several Acts during the period of repeated crime due to the same kind of crime, by damaging the entrance and door door, glass door, etc., or committing an unreciled window, etc., thereby thefting property or attempted to steal property, or committing an attempted theft by intrusion upon the victim’s joint with F, which is an accomplice. The crime of this case is committed repeatedly against the Defendant.

However, the defendant recognized his mistake and is in profoundly against the defendant, and the defendant agreed with most victims in the original trial. In particular, the defendant was in the first instance trial and some victims were in the first instance trial, and the crime of the case in the second instance No. 11 and the second instance No. 2016, the second instance No. 20163 of the judgment of the court below.

2. E. An agreement was made with the victim of this subsection.

In full view of the circumstances favorable to the defendant, such as additional agreement, and other factors such as the defendant's age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment imposed by the court below is somewhat unreasonable and unfair.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the decision is delivered again as follows.

[Judgment] Facts constituting an offense and summary of evidence recognized by the court, as well as facts constituting an offense.

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