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(영문) 대구지방법원 2012.11.09 2012노2401

특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (Defendant B: Imprisonment with prison labor for 10 months and Defendant C: imprisonment with prison labor for 6 months) declared by the court below to the Defendants is too unreasonable.

2. Although there are favorable circumstances such as the Defendants’ confessions of each of the instant offenses and detention for a considerable period of time, there was an agreement between the victims of special larceny and the victim H on the part of the Defendant B’s fraud, the degree of damage was not significant due to the following: Defendant C’s participation appears to be relatively minor in light of the role in the crime of special larceny; on the other hand, the instant crime is not deemed to be a case of larceny of the cash of KRW 12 million after destroying the glass window of a vehicle parked together with multiple persons, and the Defendants had the record of receiving juvenile protective disposition due to special larceny (two times in case of the Defendant B, Defendant C, and Defendant C, the victim of special larceny, and most of the stolen money, and Defendant C’s criminal act of this case was committed on the basis of the degree of participation, such as taking advantage of the following facts: Defendant C’s records and circumstances that are disadvantageous to each of the Defendants, and thus, Defendant C’s punishment cannot be considered to be unfair.

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