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(영문) 인천지방법원 2017.12.15 2017노3964

상해등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for one year, and Defendant B: imprisonment with prison labor for six months) is too unreasonable.

2. The judgment of the court below has a favorable condition for the defendants, such as the fact that the defendants are still young, erroneous, and that there is an agreement with the victims of special larceny, etc. in the case of the defendant Eul, and that the extent of damage to the defendant Eul is not serious. On the other hand, in the case of the crime of special larceny of this case, the defendants are planned by sharing the roles of the defendants to commit the crime of this case, and the nature of the crime is not weak. Although there are many kinds of criminal records before the crime of this case, the defendants A appears to have increased the risk of repeating the crime because they committed the crime again after the suspension period expires, the defendant B seems to have committed the crime again, and even in the court below, it appears that the court below sentenced the defendants to the punishment by taking into account the above favorable circumstances and the scope of participation in the crime as above, and all of the sentencing elements in the arguments of this case, such as the defendants' age, sex, environment, health condition, motive, means and consequence of the crime, circumstances after the crime, equality in punishment among accomplices, etc.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.