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(영문) 창원지방법원 2015.07.22 2015노1355
상습특수절도
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendants’ respective punishments (two years of imprisonment, confiscation, and imprisonment one year and six months) declared by the court below are excessively unreasonable, and the prosecutor asserts that each punishment imposed by the court below is too unfasible and unfair.

2. We also examine the Defendants and the Prosecutor’s assertion of unreasonable sentencing.

The fact that the Defendants are relatively old and reflects the mistake while leading to the confession of each of the instant crimes. Some victims did not want to punish the Defendants, and some of the stolen goods were returned to the victims, and the amount of defraudation by the victims B is relatively little.

Meanwhile, even in the past, the Defendants were punished for the same or similar criminal acts, and thus, they committed each of the crimes of this case again even during the repeated crime period. In light of the frequency of the crimes and the risk of the crimes, it is not good that the crime is committed, and the liability for the crime is heavy, and the Defendants did not repay damages to the trial or did not reach an agreement with the victims. The lower court sentenced the lower judgment by fully taking into account the favorable circumstances of the Defendants, and then there is no special reason to change the sentencing.

Considering the above circumstances and other conditions of sentencing as seen in the instant records and arguments, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the Defendants and the prosecutor’s argument of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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