beta
(영문) 인천지방법원 2015.06.12 2015노1166

특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for the accused, eight months of imprisonment) of the lower court is too unreasonable.

2. The circumstances are favorable to the Defendants: (a) all of the instant crimes were led to confessions and reflects; (b) Defendant B recovered most of the damages; (c) Defendant A agreed with the victim I; and (d) deposited some of the money for the victim D (other than this, the remaining portion was not recovered from damage); and (d) Defendant A did not have any record of criminal punishment heavier than a fine.

However, in full view of the fact that Defendant B had the record of criminal punishment for the same kind of crime, and committed each of the instant crimes again during the period of repeated crime, the nature of the crime is bad in light of the circumstances, contents, methods, etc. of each of the instant crimes, and other various sentencing conditions as shown in the records and arguments, such as the age and happiness environment of the Defendants and the circumstances before and after the crime, it cannot be deemed that the sentence of the lower court against the Defendants is too 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.