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(영문) 대전지방법원 2017.01.11 2016노2771
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective punishment (2 years and six months of imprisonment, and six months of imprisonment) is too unreasonable.

2. The fact that the Defendants recognized the instant crime and reflected the mistake, that the Defendants are aged and the amount of damage is relatively low, and that Defendant A agreed with the victim in the lower court is more favorable.

However, the lower court appears to have determined the punishment by taking into account all the favorable circumstances as above, and there was no special circumstance to change the sentencing of the lower court, and all the Defendants have been convicted of the same kind of criminal offense, and in particular, in the case of Defendant A, the fact that the Defendants committed the crimes of similar veterinary methods that were planned again even though they were during the period of repeated crime due to the same criminal offense

In addition, comprehensively taking account of the following: the Defendants’ age, sex, environment, background leading up to the commission of the crime, means and consequence of the crime, and the various sentencing conditions indicated in the instant records and arguments, the lower court’s respective punishment against the Defendants is excessively unreasonable.

Therefore, the above assertion by the Defendants is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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