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(영문) 수원지방법원 2016.10.25 2016노5441
상습특수절도등
Text

All appeals by the defendants and prosecutor against the defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendants' punishment (the defendant B: imprisonment of four years, confiscation, additional collection of one hundred and fifty thousand won, and imprisonment of eight months)

B. The Prosecutor’s sentence against the Defendants in the lower court is too uneasible.

2. The fact that the Defendant recognized the instant crime and reflected against the Defendant’s assertion by Defendant B and Prosecutor is favorable to the Defendant.

Meanwhile, there is the record that the Defendant was punished several times for larceny and drug crimes, and the Defendant committed the instant crime during the repeated offense period due to larceny; the Defendant habitually intruded on another person’s residence and stolen property; repeatedly handled narcotics; the value of stolen property was considerable and confiscated; and damage was not recovered except for those provisionally returned; and the Defendant submitted a public document on the cooperation in the investigation of the upper party of the narcotics crime, but it is difficult to view that there was an cooperation in the investigation to change the sentence of the lower court.

In full view of the aforementioned various circumstances as well as the Defendant’s age, character and conduct, motive and frequency of the instant crime, the frequency of the crime, and the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

3. As to the assertion of Defendant A and Prosecutor, the fact that the Defendant recognized and reflected the instant crime, and aiding and abetting the Defendant B’s crime is favorable to the Defendant.

On the other hand, the fact that the defendant had been punished several times for larceny, and that the defendant habitually committed the crime of this case during the period of repeated crime, and that the value of stolen property is considerable and confiscated, and the damage was not recovered except for the property temporarily returned.

In full view of the aforementioned various circumstances, including the Defendant’s age, character and conduct, the motive and frequency of the instant crime, and the circumstances after the crime, various sentencing conditions as indicated in the instant case are considered.

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