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(영문) 서울서부지방법원 2015.12.10 2015노1486
상습특수절도등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendants (one year and two months of imprisonment, ten months of imprisonment, and two years of suspended execution) is too unhued.

2. Each of the instant crimes committed is a theft of the victims’ belongings, who are under the influence of alcohol, by means of a single dubation, and is not very good in light of the method and circumstances of the crime, etc., the crime is committed; Defendant A was committed nine times for the same crime; Defendant B had a criminal record of each criminal punishment on three occasions; Defendant A had a habit of larceny; Defendant A has a habit of larceny; Defendant A denied some of the crimes; and the total amount of theft was considerable.

However, Defendant B recognized all of the crimes and divided them in depth, and Defendant A recognized and reflected his mistake on behalf of others than the crime of denial as above, and all of the damaged items were returned to the victims; Defendant B agreed to pay the damaged amount to the victim F, Defendant B deposited KRW 500,000 for the victim G; Defendant B was detained for approximately two months in this case; Defendant B’s family members were detained for the first time, and the above Defendant’s family members were leading to Defendant B while complaining of their wife.

In addition, taking account of the Defendants’ age, character and conduct, environment, family relationship, motive and background leading to the commission of a crime, frequency of the commission of a crime, and all of the sentencing conditions as shown in the pleadings, the sentence against the Defendants cannot be deemed unfair because the sentence against the Defendants is too uneasible.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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