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(영문) 수원지방법원 2019.01.23 2018노6367
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, eight months of imprisonment, and six months of imprisonment with prison labor with prison labor with prison labor for each of the crimes in the holding of the case No. 2018 senior group 2153) is too unreasonable.

2. Determination

A. The Defendant A’s violation of each of the crimes of this case is favorable to the above Defendant A.

However, the above defendant committed each of the crimes of this case, such as committing the crime of violating the Punishment of Violences, etc. Act (joint conflict) with the criminal punishment or juvenile protective disposition in several times, even though he had a record of being subject to criminal punishment or juvenile protective disposition during the period of repeated crime due to the crime of violating the Act on the Punishment of Violences, etc. (joint conflict) as indicated in the judgment of the court below, since he did not know even though he was during the period of repeated crime, he committed the crime of unlicensed driving. In the case of special larceny, around 2014, he committed the crime of larceny at the same hospital and committed the crime of larceny at the same hospital, and did not recover from damage. The crime of larceny was committed several times, causing traffic accidents during which he did not occur, and did not reach the victimR and agreement. Considering all the circumstances favorable to the above defendant, the court below seems to have considered the above defendant's age, character and behavior, environment, motive and circumstance of the crime, and all other circumstances constituting the conditions for sentencing after the crime, it is too unreasonable.

Therefore, the above defendant's assertion is without merit.

B. Defendant B is in violation of each of the crimes of this case. In the case of insurance fraud, the degree of participation in the insurance fraud crime is relatively excessive compared to other accomplices, and in the case of other crimes except special larceny, the crime of bodily injury as determined by the judgment of the court below and Article 37 of the Criminal Act are the crime of bodily injury as decided by the court below.

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