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(영문) 대구지방법원 2015.05.01 2015노967

특수절도등

Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (one year of imprisonment with prison labor for the defendant A, six months, and one year of imprisonment for the defendant B, and three years) declared by the court below to the defendants is too unfasible and unfair.

B. Each sentence sentenced by the court below to the Defendants is too unreasonable.

2. As to the prosecutor's judgment and the Defendants' respective arguments, the defendants were able to see the truth while making a confession of all of the crimes of this case, and there is no record of criminal punishment exceeding the previous crimes (the thief and the violation of the Act on the Control of Narcotics, etc.) or fine. Defendant C does not have the previous crimes except for the crimes related to marijuana in 1994. The amount of damages to each of the victims of the thief in this case is relatively small. The Defendants agreed with most of the victims of the thief in this case. Defendant C has a little number of times of the thief in comparison with the other Defendants. On the other hand, in the case of each of the thief in this case, the Defendants prepared several tools to commit the thief in advance, shared roles, etc., and had been repeatedly committed for a certain period of time in consideration of the duration and frequency of the crimes, the place of the crimes, and the thief in this case's statements made by each of the Defendants.