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(영문) 서울남부지방법원 2016.09.29 2016노454
특수절도등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: Defendant A and B are highly likely to commit a crime and the amount of damage is very high.

Defendant

B also has a little amount of damage.

It is also reasonable that the defendants' confessions are not prosecuted because the facts constituting the crime are not specified.

Defendants’ commission of crime by itself is less than that of the Defendants.

Since it is not possible to do so, there is a high need for strict punishment.

In full view of these circumstances, the sentence imposed by the court below on the Defendants is too uneasible and unfair.

2. Determination E of the victim F representative director, Inc., the victim E wishes to have the Defendants’ wife in the first instance.

Other factors favorable or unfavorable to the Defendants, and the Defendants’ age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, crime experience, and the reasons for sentencing of the lower judgment compared to the circumstances indicated in the instant case and the reasons for sentencing of the lower judgment, even in light of the various circumstances asserted by the Prosecutor on the grounds of appeal, the lower court’s punishment is too unreasonable.

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

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