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(영문) 서울동부지방법원 2015.04.17 2015노91
특수절도등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment of 10 months, Defendant B's imprisonment of 8 months and fine of 150,00 won, respectively.

Reasons

Punishment of the crime

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year of imprisonment for a maximum term, ten months of short term) is too unreasonable.

B. It is unreasonable that Defendant B’s imprisonment (long-term 10 months of imprisonment, short-term 8 months, and fine of 150,000 won) is too unreasonable.

C. The lower court’s sentence imposed on the Defendants is too uneasible and unreasonable.

2. We examine the Defendant A and the Prosecutor’s assertion of unfair sentencing in a lump sum.

Although the number of the crimes in this case is very high, the number of victims is several, and even if the defendant A received protective disposition and suspended indictment for multiple crimes over four occasions, the defendant A continues to commit the crime with the intent to prepare money without being familiarly considered, the defendant A is a juvenile, his family and the branch of the defendant A is leading the defendant A, the victim AP, AW did not want punishment against the defendant at the investigation stage, the defendant A did not want punishment against the victim D, I, K, V, and the trial of the victim S, Y, AM, AI, AI,N, and AO at the court below, the sentence of the court below is too unreasonable.

3. Prior to the judgment on the assertion of unfair sentencing by Defendant B and the prosecutor, prior to the judgment on the assertion of unfair sentencing by Defendant B, Defendant B was ex officio examined, and Defendant B was a juvenile under Article 2 of the Juvenile Act at the time when the judgment of the court below was rendered, and thus, was sentenced to an irregular sentence under Article 60(1) of the Juvenile Act, but it is apparent that Defendant B had reached the age of 19 and reached the age of 19. As such, the judgment of the court below that sentenced Defendant B to an unlawful sentence was no longer maintained.

4. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below against Defendant B is delivered as follows. The judgment of the court below against Defendant B is ex officio.

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