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(영문) 전주지방법원 2020.07.23 2020노592
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The scope of the judgment of the court below is that Co-defendant B did not appeal, and the prosecutor did not appeal the same defendant, and its judgment became final and conclusive. Thus, the scope of judgment of this court is limited to the remaining parts except the part of the judgment of the court below against Co-defendant B.

2. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

3. It is recognized that the decision-making defendant repents his criminal act from the investigation stage to the trial.

However, it seems that the defendant actively proposed to B to commit each of the special larceny and attempted special larceny of this case, and that the defendant committed all stolen money with living expenses and entertainment expenses, and the victims want to be punished. On December 20, 2019, the defendant was sentenced to six months of imprisonment with prison labor from Lanwon District Court Sejong District Court on the ground of larceny on January 8, 2020, and was sentenced on January 8, 2020, and again sentenced to 450,000 after the execution of the sentence was completed. The defendant was sentenced to imprisonment with prison labor from Lanwon District Court on August 24, 2018 to be punished for larceny for a maximum of one year and two months, short of eight months, short-term eight months, and June 20, 2019 to be punished for larceny, and that the defendant was punished for a crime of larceny of this case with the same force as the above crime of this case on June 3, 2015.

In addition, considering the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below is too unreasonable.

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

Article 25 of the Regulations on Criminal Procedure.

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