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(영문) 대구지방법원 2018.04.05 2018노442

특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment with prison labor for Defendant A and six months of imprisonment with prison labor for Defendant B) is too unreasonable.

2. The Defendants agreed with E and J prior to the judgment of the court below as the victim of special larceny.

However, in full view of the following facts: (a) Defendants were punished several times for the same crime; (b) Defendant A committed the instant crime during the suspended sentence due to special larceny, etc.; (c) Defendant B committed the instant crime due to special larceny; (d) Defendant B committed the instant crime within the suspended sentence period; and (e) Defendant B’s sentencing is the lowest sentence within the scope of the mitigated sentencing range; (e) other circumstances that are the conditions for sentencing, such as the Defendants’ age, sex, sex, environment, family relationship, motive, circumstance, means and consequence of the crime; and (e) the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court sentencing committee; and (e) there are no special circumstances or circumstances that may change the sentencing of the lower court after the lower judgment.

3. The Defendants’ appeal is without merit, and all appeals are dismissed under Article 364(4) of the Criminal Procedure Act.