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(영문) 창원지방법원 2013.11.07 2013노651
특수절도
Text

All appeals by the Defendants are dismissed.

All the costs of the trial by the court below and the trial by the court are borne by the defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendant B entered the instant reduction farm in order to see a sudden change, and Defendant A opened a string line and arranged inside the vehicle, and the Defendants did not jointly commit a theft of the sense owned by the victim E. However, the lower court convicted the Defendants of the facts charged in this case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (the sentencing of the Defendant: one year of the suspended sentence in six months of imprisonment, and eight hours of community service) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts, the defendants can sufficiently recognize the facts of theft by combining the victim's sense as stated in the judgment below, and the judgment below cannot be said to have any error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendants, and therefore, the defendants' assertion of mistake of facts is without merit.

B. We examine the argument of unfair sentencing, and it is recognized that the Defendants had no record of punishment for the same kind of crime, and the amount of damage to the instant crime was not so significant.

However, it cannot be seen that the defendants' mistake, such as denying the crime of this case until the trial at the trial at the court, is seriously against them. The special larceny of this case, which stolen another's property, together, is a serious criminal whose statutory punishment is one to ten years. The court below sentenced one year of suspended execution in six months of imprisonment, which is the lowest mitigation. The court below comprehensively reviewed the defendants' age, character and behavior, intelligence and environment, motive and background of the crime, method, method and consequence of the crime, criminal record relation, and circumstances before and after the crime.

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