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(영문) 수원지방법원 2013.12.05 2013노4890

특정범죄가중처벌등에관한법률위반(절도)

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All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that each punishment (three years of imprisonment with prison labor) declared by the court below to the Defendants is too unreasonable.

2. In full view of the following circumstances: (a) the Defendants committed the instant crime after the completion of the execution of imprisonment with prison labor due to the same crime; (b) the instant crime contains considerable risk to the victims; and (c) the degree of the instant crime also lacks the nature of the crime; and (d) the Defendants’ conditions for sentencing, including the age and happiness environment, cannot be deemed unfair because the sentence of the lower court is too unreasonable. Therefore, the Defendants’ assertion is rejected.

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