(영문) 청주지방법원 2014.04.24 2014노170 | 리걸엔진

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(영문) 청주지방법원 2014.04.24 2014노170

특정범죄가중처벌등에관한법률위반(절도)

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All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, one year and six months of imprisonment, one year and six months of suspended execution, two years of suspended execution) is too unreasonable.

2. There are circumstances that consider the circumstances, such as the fact that the Defendants recognized all of the instant crimes and reflects the fact that the Defendants committed the instant crimes, Defendant C’s initial crime and age are not high. However, considering such circumstances, the lower court sentenced to the least sentence within the scope of the applicable sentence that has been mitigated once, taking into account the circumstances, and sentenced to the statutory punishment, the frequency of the crimes and the victims, the Defendants did not agree with the victims; Defendant A committed a crime during the period of probation; and Defendant A committed a crime during the period of probation; and other various sentencing conditions shown in the records and arguments, including the character and conduct of the Defendants, environment, motive and background of the crimes, the means and consequence of the crimes, and the circumstances after the crimes, etc., the lower court’s punishment is deemed reasonable and unreasonable. Therefore, the Defendants’ assertion of unfair sentencing is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the defendants' appeal is without merit. It is so decided as per Disposition.

However, the habitualness of the evidence of the court below in its holding is clear that it has been omitted from the recognition of dampness in light of the method of each crime, frequency of crimes, and the fact that the same crime has been repeated several times in a planned and organized manner. Thus, it is corrected to add it ex officio in accordance with Article 25 of the Regulation on Criminal Procedure.

참조조문

-형사소송규칙 제25조

-형사소송법 제364조 제4항

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