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(영문) 수원지방법원 2012.08.30 2012노2817

야간건조물침입절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, each sentence of the lower court (Defendant A: Imprisonment with prison labor for August and Defendant B: Imprisonment with prison labor for six months) is too unreasonable.

2. It is recognized that the Defendants’ confessions of the instant crime and reflects the Defendants, as a mother and child, Defendant A’s disability of Grade II of the mental retardation, Defendant B’s abolition, etc., with minor mental retardation disorder, and the Defendants appear to have returned to the victims. The market price of stolen and stolen goods is relatively small to the extent of KRW 588,000 in total.

However, on December 29, 2010, Defendant A was sentenced to six months of imprisonment with prison labor for special larceny at the Suwon District Court’s Suwon District Court’s member on May 8, 201, and committed the instant crime, which is one of the same crimes after the completion of the execution of the sentence on May 8, 201. Defendant B was sentenced to two years of suspension of the execution of imprisonment with prison labor for special larceny in the same court on December 29, 2010, and the judgment was confirmed on January 6, 2011 and became final and conclusive on January 6, 2011, causing the instant crime, which is the same crime, during the period of suspension of execution. Defendant A had the record of two times of criminal protective disposition for juveniles, five times of criminal punishment, and Defendant B had the record of four times of punishment for the same kind of crime, and Defendant B was sentenced to the lowest punishment possible by discretionary mitigation in the lower court, as well as the details of the instant crime, the contents of the crime, the age of the Defendants, and other conditions of character and conduct.

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