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(영문) 대전고등법원 2015.04.17 2015노55

특수절도등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (10 months of imprisonment, 1 year of imprisonment, 1 year of imprisonment and 1 year and 6 months of imprisonment) declared by the court below against the Defendants is too unreasonable.

B. The sentence imposed by the prosecutor by the court below to Defendant C is too unhued and unreasonable.

2. In light of the following factors: (a) various sentencing conditions indicated in the column of “the grounds for both punishment” of the judgment of the court below, namely, the details and contents of each of the instant offenses committed by the Defendants; (b) means and methods of the commission of the crimes; (c) degree of damage; (d) the Defendants’ past records of the crimes; (e) mutual relationship among the Defendants; (c) the Defendants’ age, character and conduct and environment; and (d) the circumstances cited by the Defendants and defense counsel, including that Defendant B agreed with the victims of special larceny in the course of the trial.

Even if the court below shows that the punishment imposed on the defendants is appropriate, and it seems that it is too heavy as the defendants' assertion is too heavy or it is too uneasible as the prosecutor's assertion, so the defendants' arguments and prosecutor's arguments are without merit.

3. In conclusion, since all appeals filed by the Defendants and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.