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(영문) 서울동부지방법원 2015.12.10 2015노1014
특수절도등
Text

Of the judgment of the court below, the part against Defendant B and A and the part against Defendant C in the second judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant B: Imprisonment with prison labor sentenced by the first instance court, and imprisonment with prison labor sentenced by the second instance court, for 6 months, is too unreasonable.

B. Defendant A: Imprisonment with prison labor sentenced by the first instance court, and imprisonment with prison labor sentenced by the second instance court, for 6 months, is too unreasonable.

C. Defendant C: Imprisonment with prison labor sentenced by the second instance court is too unreasonable for 6 months.

(2) On February 2, 200, Defendant C filed an appeal only against Defendant B, and Defendant B and A, prior to the judgment on each of their respective arguments against Defendant B and A, the court decided to hold concurrent hearings of Defendant B and each of their respective appeals against the judgment of the court below. Since each of the appeals against Defendant B and A constitutes concurrent crimes, one of the judgment of the court below against Defendant B and A should be sentenced to a sentence. Thus, the parts against Defendant B and A among the judgment of the court below cannot be maintained any more.

3. Defendant C repeatedly committed a similar crime over several times during the short period of time with respect to Defendant C’s assertion of unfair sentencing, and the fact that some damage has not been recovered, etc. are disadvantageous to Defendant C.

However, Defendant C’s confessions all of the crimes, there is no record of punishment other than once a fine of this kind, and the parent’s divorce, etc., which led to the growing up in an influenite environment with his father, and committed each of the crimes of this case in order to raise living expenses during the course of coming to conflict with his father, and the father paid damages to some victims through his father, and agreed to pay damages to them through his father, each of the crimes of this case and the special larceny, etc., which became final and conclusive on August 7, 2015, must be considered at the same time and equity, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, including Defendant C’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., should be considered.

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