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(영문) 창원지방법원 2013.10.31 2013노1003
특수절도
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal: (a) the Defendants’ nature of the crime is not good in light of the method of the commission of the crime or the planning of the instant crime; and (b) equity with other similar cases, etc., the sentence imposed by the lower court on the Defendants (six-month suspended sentence of imprisonment for each of six months) is deemed unreasonable.

2. Taking into account the circumstances alleged by the judgment prosecutor, Defendant A did not have any specific criminal power except for those sentenced once to a fine due to the violation of the Road Traffic Act (driving) and Defendant B did not have any criminal power; Defendant B was a primary offender with no criminal power; the Defendants were not punished by the victim I under the agreement with the victim I; the Defendants led to confession and reflect; the Defendants’ character, conduct and environment of the Defendants; the background and consequence of each of the instant crimes; and the circumstances after the commission of the crime; and all other circumstances that form the conditions of sentencing as shown in the pleadings, such as the records and arguments, are considered as being unfair. As such, the prosecutor’s allegation above is without merit.

3. In conclusion, the appeal against the Defendants by the prosecutor is without merit, and all of the appeals are dismissed. It is so decided as per Disposition.

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