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(영문) 인천지방법원 2014.12.18 2014노3868

특수절도

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (one year of imprisonment with prison labor in case of Defendant A and one year and six months of imprisonment in case of Defendant B) declared by the court below against the Defendants.

2. Determination

A. It is not determined that the lower court’s punishment is unreasonable, considering the following circumstances: (a) Defendant A led to the confession of and reflects the depth in the crime; (b) agreed with the victim F; and (c) the degree of the Defendant’s participation was not significant; (d) there were two favorable circumstances; (e) the Defendant was punished for the same kind of crime; and (e) the Defendant committed the instant crime again during the period of repeated crime even after having been sentenced to eight months of imprisonment for the same kind of crime; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and behavior, environment, motive, means and method of the instant crime; and (e) the circumstances

B. In full view of the following circumstances: (a) Defendant B led to the confession of a crime; (b) agreed with the victim F; (c) deposited KRW 800,000 for the victim I; and (d) deposited each of the deposited money for the victim L; or (c) the Defendant’s history of punishment for the same crime reaches approximately eight times; (d) the frequency of the instant crime is three times; (c) the lower court sentenced to imprisonment for a year and six months by reducing the statutory penalty by discretionary mitigation; and (d) other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and behavior, environment, motive, means and method of the instant crime; and (e) the following circumstances, the lower court’s sentence is unreasonable.

3. As such, 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.