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(영문) 광주지방법원 2018.09.20 2018노2332

특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (three years of imprisonment for Defendant A and two years and six months of imprisonment for Defendant B) is too unreasonable.

2. The Defendants led to the confession and reflect of the instant crime; the Defendants returned all the stolen vehicles to the victims; Defendant A’s agreement with the victim AG, L, J, N, and Defendant B was favorable to the Defendants.

On the other hand, the following is disadvantageous.

Defendants were punished several times for the same crime (five times for Defendant A, and four times for Defendant B), and repeated crimes of this case during the repeated crime period due to the same crime.

The frequency of the instant crime and the amount of damage are high.

The Defendants failed to reach an agreement with most victims except for certain victims agreed as above, and they did not compensate for their damage.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendants’ assertion is without merit.

3. The Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.