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(영문) 수원지방법원 2015.10.16 2015노4657

특수절도

Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months in prison) is too unreasonable.

2. There are extenuating circumstances to consider the Defendants’ confessions and reflects, the amount of damage is not significant, and the amount of damage is returned, etc.

However, the Defendants had a history of having been sentenced multiple times to the same crime, and the minimum statutory penalty of the instant crime is one year of imprisonment, and the lower court determined the punishment after discretionary mitigation by taking into account the favorable circumstances as above against the Defendants. Considering the Defendants’ age, character, character, environment, criminal records, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendants' appeal is without merit and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.