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(영문) 광주지방법원 2014.02.19 2014노23
특수절도
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (one hundred months of imprisonment) is too unreasonable.

2. The judgment of the court below is deemed unfair in full view of the following circumstances: (a) the Defendants were in violation of the criminal facts leading up to the confession of the crime; (b) the Defendants were the first offender; and (c) some of the damaged goods were confiscated and temporarily returned to the victims; (c) the Defendants were aware that the Defendants destroyed the glass window of the precious metal store over three occasions; (d) stolen the precious metal located therein; and (e) stolen the bicycle locks that were corrected twice; and (e) the nature of the crime was defective; (e) the amount of damage caused by each of the instant crimes exceeds KRW 133 million; (e) the Defendants did not make any effort for the recovery of damage; and (e) the Defendants did not make any effort for the recovery of damage; and (e) other various circumstances that are the conditions for the sentencing specified in the records and arguments of the instant case.

3. As such, 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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