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(영문) 의정부지방법원 2019.10.11 2019노2025

특수절도등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendants (e.g., Defendant A: imprisonment with prison labor for a year and six months; Defendant B: imprisonment with prison labor for a year and one year and ten months) is too unreasonable.

B. The lower court’s punishment against the Defendants is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The circumstances favorable to the Defendant include: (a) the Defendants led to confession and reflect on each of the instant crimes; (b) some of the victims of the instant property crimes do not want punishment against the Defendants in the first instance trial; and (c) it is difficult to view that the degree of each of the victims of the instant property crimes is relatively heavy.

However, the Defendants had been punished several times for the same kind of crime, and each of the crimes of this case was committed again during the period of repeated crime due to the same crime, and most of the victims of the property crime of this case were not recovered, etc. are disadvantageous to the Defendants.

As seen earlier, there is no special change in circumstances to change the sentence of the court below after the pronouncement of the above circumstances and the judgment of the court below, it appears that part of the victims of property crimes expressed their intention not to be punished against the Defendants when the victims of property crimes were in the first instance trial. However, the damage amount of the above victims did not occupy in the entire criminal proceeds of the instant case, and the remaining victims are still punished against the Defendants.