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(영문) 광주지방법원 2016.09.08 2016노1490
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (ten months of imprisonment, and the return of the victim) is too unreasonable; and

2. The following facts are favorable to the Defendants.

Defendants recognize all crimes and reflect on the crimes.

As stolen bicycles are seized, most victims' damages can be recovered.

On the other hand, the following is disadvantageous.

The crime of this case committed by the Defendants alone or jointly with each other for a considerable period of time, and it is not good that the Defendants shared the role of the Defendants or committed the act of using implements in accordance with the detailed plan.

The amount of stolen bicycles is about 14,00 won in total and about 6,150,000 won in total.

Separate from the fact that seized stolen goods can be returned to the victims, there is no reason for the victims to endeavor to recover or agree on damage.

In addition, comprehensively taking account of the following: the Defendants’ age, character and conduct, environment, and circumstances after the commission of the crime, and various sentencing conditions shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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