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(영문) 광주지방법원 2020.05.12 2020노600

특수절도등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for 10 months, Defendant B and C shall be punished by imprisonment for 8 months, respectively.

(b).

Reasons

1. Summary of grounds for appeal;

A. The defendants' punishment (e.g., imprisonment with prison labor for one year and two months, Defendant B, and C) of the lower court (the imprisonment with prison labor for ten months) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. The judgment of the Defendants, together with others, committed violence continuously and repeatedly. Some of the crimes were committed while being tried, and Defendant A and B received juvenile protective disposition due to theft, etc. are disadvantageous circumstances.

On the other hand, the defendants recognized all of the crimes of this case and agreed with all the victims in this court, and the above victims did not punish the defendants (the defendants A and C already agreed with the victim J in the original trial but submitted a new agreement with the victim again in this court). The defendants are first offenders with the persons who have become majority of the side.

In addition, comprehensively taking account of the circumstances leading up to each of the instant offenses, the circumstances after the commission of the offense, the age, character and conduct, and environment of the Defendants, the lower court’s punishment is deemed unreasonable.

Therefore, the defendants' assertion is justified, and the prosecutor's assertion is without merit.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

(2) In light of the above legal principles, the Criminal Procedure Act provides that the Defendants shall file an appeal against the Defendants, and the Defendants shall file an appeal against the Defendants, and the Defendants shall file an appeal against the Defendants, and the Defendants shall file an appeal against the Defendants, and the Defendants shall file an appeal against the Defendants, and the Defendants shall file an appeal against the Defendants.

Application of Statutes

1. Relevant Article 331 (2) of the Criminal Act and subparagraph A of the choice of criminal punishment: Article 331 (2) of the Criminal Act;