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(영문) 춘천지방법원 강릉지원 2015.04.30 2015노98
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the lower court (one and half years of imprisonment with prison labor for Defendant A, one year and one year of imprisonment with prison labor for Defendant B, and one short-term eight months) is too unreasonable.

2. The judgment of the Defendants recognized each of the instant offenses and reflects on the fact that each of the instant special larcenys was restored to a considerable portion, the Defendants’ age is formed, and the Defendant A’s health is not good.

However, Defendant A had the record of having been subject to juvenile protective disposition eight times due to the same crime, and Defendant B again committed each of the crimes of this case despite having been subject to five juvenile protective dispositions for the same crime and having been sentenced to three times suspension of indictment including the same crime. The amount of damage from each of the special larceny of this case is not much significant, and the motive and background, means and result of each of the crimes of this case, the circumstances after the crime, character and behavior of the Defendants, environmental records and arguments, and all of the sentencing factors in each of the crimes of this case, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the above assertion by the Defendants is without merit.

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

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