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(영문) 수원지방법원 2020.03.17 2019노5717
절도
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants of the lower court (the Defendant A: 8 months of imprisonment and the Defendant B’s imprisonment with labor for one year) is too unreasonable.

2. The circumstances favorable to the Defendants are that the Defendants recognized the instant crime from the lower court to reflect in depth their mistake, and most of the stolen Triths were recovered.

However, in light of the method and contents of the crime, etc., the crime of this case was committed by Defendant B, while the Defendants had already received a final judgment from another crime and had the Defendants committed a theft within the correctional institution, and Defendant A committed a theft, and in light of the method and contents of the crime, etc., the nature of the crime is very unusual and bad, and the responsibility for the crime is very heavy. Since Triths may cause a large amount of decilation, it is highly likely that the Defendants may receive a prescription from their doctors, it is necessary to strictly realize the penal authority, establish a sound corrective order, and strictly punish the Defendants in order to prevent similar crimes.

In light of the equity in sentencing with cases of the same and similar kind of punishment, as well as the age, career, character and conduct, environment, motive, means and consequence of the crime, etc. of the Defendants, it cannot be deemed that the lower court’s respective punishment against the Defendants is too unreasonable.

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

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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