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(영문) 울산지방법원 2014.05.16 2014노295
특수절도등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In light of the fact that Defendant A was sentenced to five times a fine due to driving without a license, etc., there are many records of juvenile protective disposition such as special larceny and driving without a license, etc., the attitude of intrusion on a fishing vessel with a tool prepared in advance, which is not dangerous, and the nature of the crime is not good, and that Defendant A drives a fishing vessel without a license on six occasions, etc., it is recognized that there is a need for a strict punishment corresponding to the liability for the crime.

However, in light of the following facts: (a) the Defendant confessions all of the instant crimes and repents them; (b) the amount of petroleum stolen in light of the market price is not significant; (c) agreements with E, the victim, as well as the amount of the stolen petroleum; (d) the Defendant suffered injuries, such as the mouths of the two structural frames due to traffic accidents around August 2013; (b) the health of the two structural frames is not good after undergoing two surgery; (c) the suspension of qualifications or more; (d) the Defendant’s family members had no record of suspension of qualifications or more; (e) the Defendant’s family members could have avoided the Defendant’s desire to guide the Defendant; and (e) other conditions of sentencing as shown in the instant records and arguments, such as the Defendant’s age, character and behavior and environment; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc.

B. Defendant B recognized each of the instant offenses and divided, did not have a significant amount of damage from special larceny, agreed with the victim of larceny, and there were favorable circumstances such as the Defendant’s family members avoiding the Defendant’s leading intention to the Defendant, and the Defendant’s young young youth. However, such circumstance appears to have been sufficiently considered in the lower court. In addition to the previous conviction, the Defendant has a number of records of juvenile protective disposition, such as drinking, special larceny, and unauthorized driving, which were sentenced to a fine three times due to drinking, assault, etc., and in particular, there were many records of juvenile protective disposition, such as the Defendant’s three times of punishment

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