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(영문) 대전지방법원 2014.02.19 2013노2340
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of all the circumstances, such as the fact that Defendant A is against the Defendant and that he/she agreed with the victim of special larceny, the sentence imposed by the lower court (3 months of imprisonment, 1 year of suspended execution, and 2013 Godan396: 10 months of imprisonment) is too unreasonable.

B. In light of all the circumstances, including the fact that Defendant B is against the Defendant and the victim agreed with the Defendant, the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that Defendant A is against the Defendant, the fact that Defendant A was smoothly agreed with the victim, and the fact that Defendant A did not have any record of punishment for the larceny crime.

However, each of the crimes of this case is that the defendant committed the crime of this case in collaboration with B and it is necessary to cut the light of the law and order as a severe punishment against the defendant, who had a view of light of the law and order even though he was under the suspension period of execution due to the violation of the Road Traffic Act (LA). The defendant was under the influence of 0.306% of the blood alcohol concentration without obtaining a driver's license. The defendant operated the MIS car without mandatory insurance. The defendant was under the influence of driving one time a suspended sentence due to a drunk and three times a fine, and the defendant was under the influence of a suspended sentence due to the violation of the Road Traffic Act (LA). In addition, the defendant was under the influence of drinking driving of this case, it is necessary to take into account the following circumstances: the fact that the victim of special larceny and the special larceny already agreed with the victim of this case and the crime of violation of the Road Traffic Act (LAC) for which the judgment of this case has become final and conclusive; the defendant's motive and circumstances leading to the crime of this case;

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