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(영문) 대구지방법원 2016.04.27 2016노857

특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (one hundred months of imprisonment, confiscation) declared by the court below is too unreasonable.

2. It is recognized that the defendants divided their mistakes, and the amount of individual damage of each of the crimes of this case is not so significant.

However, Defendant A has a record of being sentenced to suspended indictment for the same thief crime, twice a fine, Defendant B has been sentenced to a fine for the same thief crime, Defendant B has been sentenced to a fine for one time, one time of suspended execution, and two times a fine for the same thief crime, and committed each of the crimes in this case during the suspended execution period due to the same thief crime, and the Defendants committed each of the crimes in this case during the suspended execution period due to the same thief crime. Defendants were charged with each of the crimes in each of the crimes in this case and continued to commit a crime under investigation by an investigative agency, did not make any effort to recover from damage, and did not agree with victims, the nature of each of the crimes in this case is bad, and there is no change of circumstances to determine differently from the judgment of the court of the court below at the trial, and there is no other reason to determine the age, character, environment, motive, means and consequence of the crime in this case, and the scope of recommendations made by the committee after the crime.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals are without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That among the written judgment of the court below, the phrase “attached Table 19” in [Attachment Table 2] No. 2(2)8 of the part of the judgment of the court below is apparent that it is a clerical error in the attached list of crimes, and the summary of the evidence is “1. The police seizure report” in part 19 of [Attachment 2016 High Order 19], and the phrase “Article 48(1) of the Criminal Act” in the “Article 48(1) of the Criminal Act” in the “Article 48(1) of the Criminal Act”