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(영문) 대구지방법원 2015.09.25 2015노3092

특수절도등

Text

All of the appeals filed by the prosecutor and the defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor (Defendant A: Imprisonment with prison labor in 1 year and 2 months, Defendant B: imprisonment with prison labor in 1 year and 1 year) sentenced by the lower court to the Defendants is deemed to be too uneasible and unfair.

B. The punishment sentenced by the lower court to Defendant B is too unreasonable.

2. As to each argument of the public prosecutor and the defendant B, the defendants were examined together with each argument of the judgment of the court in question, and the defendants committed the crime of this case against the wrongness while making a confession of the crime of this case, the defendant A did not have any criminal record, and the defendant A did not have any criminal record exceeding the fine, on the other hand, the nature of each crime of this case is poor and the number of times is high, and the defendants' profits are reasonable so far, the restoration of damage has not been properly made until now. The defendant B was punished not only several juvenile protective orders but also the defendant B was punished as a fine, and other unfavorable circumstances such as the defendants' age, character and behavior, environment, motive and circumstance leading to the crime of this case, the means and consequence of the crime of this case, and all of the sentencing conditions as shown in the records and arguments after the crime of this case are considered to be appropriate. Thus, all of the arguments of the prosecutor and the defendant are without merit.

3. In conclusion, since each appeal filed by the prosecutor and the defendant B is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.