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(영문) 의정부지방법원 2017.07.06 2017노875
특수절도
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to the punishment (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendants led to the confession and misjudgmentation of the crime of this case, and the planning and leading of the crime of this case appears not to be the Defendants but to be the accomplices A, and the Defendants appear to have failed to obtain profits from the crime of this case.

However, the crime of this case is a crime in which the defendants played an organizational role together with accomplices and it is not good that the crime of this case is committed.

The Defendants planned to commit the crimes in parallel with the accomplices who left Japan.

Defendants were unable to agree with the victim until the court of first instance.

Defendant

B has a record of being subject to juvenile protective disposition seven times due to violent crimes, fraud, etc.

Defendant

C has been subject to three times juvenile protective orders due to violent crimes, larceny, or acquisition of stolen goods.

Defendant

D has a record of being subject to juvenile protective disposition four times due to violent crimes, damage to property, etc., and the prosecution has been suspended for violent crimes.

Defendant

D has committed the crime of this case among the attempts to observe long-term protection due to juvenile protective disposition.

In full view of the above circumstances and other circumstances, the lower court’s punishment against the Defendants is too unreasonable, taking into account the following circumstances: (a) the Defendants’ age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime; and (b) the circumstances after the crime was committed.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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