beta
(영문) 전주지방법원 2020.08.12 2020노821

특수절도

Text

All appeals by the Defendants are dismissed.

Reasons

1. Each sentence of the lower court (one and half years of imprisonment, one and half years of imprisonment, one and half years of suspended execution, three years of suspended execution) against the Defendants in the grounds of appeal is too unreasonable.

2. The lower court determined that the Defendants had already been sentenced to punishment by fully taking account of all circumstances that include the circumstances asserted as the grounds for appeal.

Defendant

A has been punished by imprisonment three times with prison labor for the same crime, and Defendant B has been punished by imprisonment with prison labor for two times, and Defendant A was in the period of repeated crime for the same crime.

In addition, even if all the sentencing conditions indicated in the records, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, each sentence imposed on the Defendants is too heavy.

Therefore, the Defendants’ assertion is rejected.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.