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(영문) 광주지방법원 2017.08.29 2017노2284
특수절도
Text

All appeals by the Defendants are dismissed.

Reasons

1. Each sentence of the lower court against the Defendants in summary of the grounds for appeal is too unreasonable.

2. The Defendants recognized all crimes and agreed with the victims.

However, each of the crimes of this case committed by the Defendants two times in combination with the office at night, stolen tools, etc., and Defendant B committed at night only seven times in addition to the crime of larceny and larceny. In light of the risk and repetition of the law of larceny, the crime is considerably not likely to be committed.

The Defendants committed each of the crimes of this case again during the period of repeated crime due to the same crime. In the case of Defendant A, two times of punishment and two times of suspended execution of imprisonment with prison labor for the same crime including the crime of robbery, and in the case of Defendant B, one of the crimes of the same kind of crime is punished by imprisonment with prison labor and one of the suspended execution of imprisonment with prison labor.

In addition, there is no change in the circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendants’ age, sexual conduct, environment, circumstances leading up to the commission of the crime, and circumstances after the commission of the crime, including these circumstances, the lower court’s punishment against the Defendants is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.

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

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