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(영문) 전주지방법원 2014.02.07 2013노1320

주거침입등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (the defendant A: imprisonment of one year and two months, and the imprisonment of one year and six months) is too unreasonable.

2. The Defendants were aware of the instant crime and seriously resisted by the Defendants, and some of the stolen goods were temporarily returned to the victims.

However, the Defendants did not reach an agreement with the victims, and in particular, the Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Larceny and Defendant B’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) committed the instant crime repeatedly during the period of repeated crime due to the same crime although the Defendants had been punished several times of punishment due to the same crime, and taking into account the various circumstances, including the Defendants’ age, character and conduct, environment, family relationship, and the circumstances after the crime, it is deemed that the lower court’s punishment is too unreasonable. Therefore, the Defendants

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.