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(영문) 인천지방법원 2012.11.14 2012노2659

특수절도

Text

The defendants' appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (10 months of imprisonment with prison labor, and 8 months of imprisonment with prison labor) declared by the court below is too unreasonable.

2. The fact that the Defendants were erroneous and the victim did not want to punish the Defendants by agreement with the victim is favorable to the Defendants.

However, on September 5, 2007, Defendant A was sentenced to two years of imprisonment with prison labor for special larceny at the Incheon District Court for six months, and the execution of the sentence was terminated on October 17, 2008, when the same court was sentenced to six months of imprisonment with prison labor for larceny, etc. on August 17, 2008 and the judgment became final and conclusive on February 9, 2009, and the sentence of the above suspended sentence became invalidated on June 30, 2009 and the parole period passed on September 11, 2009. Defendant C was sentenced to one year and six months of imprisonment with prison labor for a short term of one year and six months, and the execution of the sentence was terminated on September 7, 2010, considering that there were no other circumstances and circumstances leading up to the crime of this case’s imprisonment with prison labor for a limited period of eight years and no other special character and behavior under the proviso to Article 62(1) of the Criminal Act, and thus, Defendant C cannot be viewed to have committed the same offense under the proviso to the Criminal Act.

3. As such, each appeal by the Defendants is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered as per Disposition.