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(영문) 대전지방법원 2015.07.01 2014노1195
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

A Imprisonment of two years and six months, Defendant B's imprisonment of two years, Defendant C's imprisonment of one year and eight months, and Defendant D.

Reasons

1. Summary of grounds for appeal;

A. The court below's sentence (Defendant A-1: Imprisonment with prison labor for 2 years, 3 months, 4 months: Imprisonment for 1 year and 6 months: 6 months, 3 years of probation and community service order; 200 hours, 3 months of probation and community service order: Imprisonment with prison labor for 1 year and 6 months, 3 years of probation, 200 hours, 3 months of probation and community service order: Defendant C-1: imprisonment with prison labor for 1 year and 2 months of probation, 2 years of probation and community service order, 200 hours, 3 months of probation and community service order: 6 months of probation and 4: imprisonment with prison labor for 6 months, 4 months: Defendant D-1: imprisonment with prison labor for 1 year, 2 years of probation, 200 hours of probation and community service order, 3 months and 4 months: imprisonment with prison labor for 6 months) is too unfair.

B. The punishment sentenced by the first instance court to the Defendants and the second instance court to the Defendants Defendant A are deemed to be too uneasible and unfair.

2. Determination ex officio by the court of first instance rendered a decision to consolidate the appeals cases of the lower judgment or of the lower judgment in the first instance judgment against the Defendants and the appeals cases of the lower court. On the other hand, the Prosecutor applied for changes to the Act on the Aggravated Punishment, etc. of Specific Crimes against Defendant A on July 1, 2013, which add some of the larceny offenses against Defendant A around July 201, an application for changes to the Act on the Aggravated Punishment, etc. of Specific Crimes, an application for changes to the indictment issued on June 11, 2014; an application for changes to the indictment issued on July 4, 2014; an application for changes to the indictment issued on July 26, 2013; and an application for changes to the indictment issued on November 26, 2013, which add some of the larceny offenses to Defendant A on which the Prosecutor applied the Act on the Aggravated Punishment, etc. of Specific Larceny; however, the Prosecutor applied Article 31(2) of the Criminal Act to the case.

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