beta
(영문) 의정부지방법원 2016.01.27 2015노2812

특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Each sentence of the lower court (one year of imprisonment with prison labor for Defendant A and one year for Defendant B) against the Defendants in summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is against all the defendants' mistake, and although the defendants are still young and Defendant B is acknowledged as a primary offender, the defendants' crime of this case is committed jointly by the defendants, each of the crime of this case is committed by the defendants using PC room without the intent or ability to steal 7 Orala, car 1, smartphone 2 and other tobacco, cash, card, etc., and pay the PC protection amount. The crime of violation of the law in each fraud and credit specialized financial business by Defendant A committed the crime of this case was purchased or paid with the PC card. The above case is not easy in light of the number of crimes, the number of crimes, the number of crimes, and the amount of damage, and most damage were not recovered. Defendant A committed each of the crimes of this case during the period of repeated crimes, and Defendant B committed the crime of this case with the records of the crime of this case and the unfair criminal motive and punishment of each of the defendants, despite the fact that each of the crime of this case was committed with the force of special larceny over 8 times.

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