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(영문) 전주지방법원 2014.09.26 2014노770

특정범죄가중처벌등에관한법률위반(절도)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendants is unreasonable because the punishment (for the defendants A: four years of imprisonment, and for the defendants B: three years of imprisonment) declared by the court below against the defendants is too unreasonable.

2. The judgment of the court below is acknowledged that all of the crimes of this case were led to the confessions of the defendants and reflects the truth in depth. The crimes of this case were committed not only by the defendants who did not agree with the victims but also by efforts to recover damage, but also by the defendants committed the crimes of this case in combination with "F" and "G" with property equivalent to 70,626,00 won in total, such as the market price of basin pumps over seven occasions. Defendant A habitually and habitually stolen vehicles amounting to 4,00,000 won in market price, and the above "F" and "G" were stolen, and the crime of this case was committed in combination with the above "F", and the crime of this case is very serious in quality in light of the object, period, method, method, and number of damage amount, etc. of the crime of this case, and the defendants did not have been sentenced to multiple punishment for the larceny crimes of this case during the period of repeated crimes, but also by the defendants again committed the crimes of this case during the period of larceny crimes.

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

(However, in accordance with Article 25 of the Rules on Criminal Procedure, it shall be corrected that "the proviso of Article 42 of the Criminal Act is added to the aggravation column of repeated crimes in the application of the law of the court below).