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(영문) 수원지방법원 2014.10.23 2014노5058
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below against the defendants in the summary of the grounds for appeal (the defendant B: imprisonment with prison labor for a maximum of two years and a short of one year and six months, and the defendant C: imprisonment with prison labor for a maximum of two years) is too unreasonable.

2. The judgment of the court below is not appropriate in light of the defendants' facts that the defendants led to the confession of all crimes, the defendant B was a juvenile, the defendants committed larceny in order to raise living expenses, and the defendants committed larceny in favor of the defendants, and the defendants were indicted for special larceny, etc., and since they started the crime immediately after they lives in the juvenile reformatory after receiving the juvenile protective disposition from the juvenile reformatory, it is necessary to separate the defendants from society. The defendants shared the roles with Co-defendant A in the court below's judgment and invaded money and valuables into the upper point of about 3 months over a number of months, and caused the crime to be stolen. The defendants C did not know even while being confined in the detention center, and without being aware of the fact that the above punishment is necessary, the victims and the victims of the crime did not agree, and the damage was not recovered at all, and all other circumstances on the records revealing the conditions of sentencing. In light of the records, the judgment of the court below is too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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