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(영문) 수원지방법원 2014.11.20 2014노5437

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 (two years of imprisonment with prison labor for Defendant A, one year and six months of imprisonment with prison labor for Defendant B) is too unreasonable.

2. The Defendants reflects the judgment and agreed with the victims at the lower court’s stage, but there was several previous meetings including the Defendants’ punishment. Defendant A was sentenced to six months of imprisonment with prison labor on June 14, 2014 and completed its execution on October 16, 2013, and Defendant B went to the instant crime during the repeated crime period, and Defendant B was sentenced to three years of imprisonment with prison labor on October 13, 201 and went to the instant crime on May 1, 2014; Defendant B was sentenced to three years of imprisonment with prison labor on May 1, 2014 and went to the instant crime; the method of the commission of the crime was enacted, and the lower court appears to have determined punishment by fully considering the aforementioned circumstances; the lower court’s age, character and conduct, environment, motive, means and consequence of the crime; and there were no other circumstances to change the punishment of the Defendants after the sentence of the lower court, and there were no undue conditions to impose punishment on the Defendants after the instant crime.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.