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(영문) 인천지방법원 2012.12.21 2012노3052
특수절도등
Text

1. The appeal filed by the defendant A and B is dismissed.

2. The part of the lower judgment against Defendant C is reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal by the Defendants is unreasonable because each sentence (the defendant A: the short-term of August, the long-term of imprisonment; the defendant B: the long-term of 1 year and the short-term of 10 months; the defendant C: the imprisonment of 10 months) declared by the lower court is too unreasonable.

2. Determination on the grounds of appeal by Defendant A and B

A. The Defendants recognized the Defendants’ mistake, and the fact that the Defendants had yet to reach the age of 18 is favorable to the Defendants.

However, prior to the instant case, Defendant A was committed ten or more times of committing such crimes as special larceny, unlicensed driving, fraud, and assault. In particular, on February 3, 2012, the Incheon District Court sentenced the two-year suspended sentence to imprisonment for special larceny, etc., and the judgment became final and conclusive on February 11, 2012, and committed each of the instant crimes between April 201 and June 201, the sentence of suspended sentence is legally impossible and cannot be sentenced. Defendant B also committed eight or more times of crimes such as special larceny, unauthorized driving, robbery, robbery, etc. Prior to the instant case; Defendant B had been sentenced to imprisonment for not less than one year and not more than ten years; Defendants were sentenced to imprisonment for the least one year; Defendants’ imprisonment with prison labor for the same kind of crime, which is one year and less than one year; Defendants’ imprisonment with prison labor for one year; and Defendants were already subject to voluntary mitigation and punishment for the reason that they had been committed by themselves.

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