logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.09.05 2019노685
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant led to the confession of the crime of this case and repent of the mistake, the health status of the defendant and his father who are the aged does not good, and this would be the last crime, and again, the defendant would not commit such a crime.

On the other hand, it is also recognized that there are many times of crimes and sufferings to many victims, including the fact that the same criminal act was committed during the period of repeated crimes, and that the victims did not recover from the victims, and that they did not receive suspicion from the victims, even though there was a history of criminal punishment several times for the same type of larceny crimes and alien crimes.

As above, the defendant's age, family relation, character and conduct, environment, background and method of crime, various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, family relation, character and conduct, circumstances before and after the crime, and the scope of sentencing guidelines of the Supreme Court Sentencing Committee (at least two years of imprisonment).

1. Scope of punishment by law: Two to fifty years of imprisonment;

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

(a) Class I crime (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) [Determination of thief] [Article 1] Joint Habitual Larceny [Scope of Recommendation and Recommendations] There is no person who is a special offender] under the Aggravated Punishment, etc. of Specific Crimes Act [Article 1] (Scope of Recommendation and Recommendation] basic area, imprisonment with prison labor for a year and six months to three years [General Convict]: Intrusion after damaging a residence intrusion or correction device, etc.;

B. Type 2 Crimes [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] [Determination of thief] thief [Class 1] Joint and Habitual thief] under the Specific Crimes Aggravated Punishment Act [No person who is a special offender] [the scope of recommendations and recommendations] basic area, one year and six months through three years [the person who is a general person] aggravated element: damage, such as intrusion upon residence or correction devices.

arrow