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(영문) 의정부지방법원 2014.04.03 2013노2766
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

All appeals filed by A, C and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and C’s sentence (Defendant A: imprisonment of 2 years and 6 months, and imprisonment of 1 year and 6 months) of the lower court is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: imprisonment of two years and six months; imprisonment of one year and six months; imprisonment of one year and six months; probation of three years; imprisonment of one year and six months; imprisonment of one year and six months); and imprisonment of one year and six months) of the lower court is too uneasable.

2. The crime of this case is a single "retailer" crime, which is very serious crime, and the Defendants committed the crime of this case in a planned and organized manner, such as sharing their roles, and committed repeatedly. Defendant A committed not only more than 10 times the same criminal records, and most of the same criminal records were committed, and Defendant A committed the crime of this case during the same repeated crime period. Defendant A committed the crime of this case at least 2 months after the execution of imprisonment was completed for the same crime, and Defendant A committed the crime of this case. Defendant B also committed the crime of this case at least 4 times the same record, and both of the same records were "retailer" as the crime of this case. Defendant C had a past record of sentence two times, and the probation period was reached two times, Defendant C had the same past record as the crime of this case, and Defendant C did not want to receive punishment for the same kind of crime of this case at least nine times, and Defendant C did not want to commit the crime of this case, and it did not want to be considered that it is too favorable or unfair to impose punishment against the Defendants.

3. The appeal by the defendant A and C and the prosecutor is without merit. Thus, all appeals by the defendant A and C are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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