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(영문) 광주지방법원 2017.02.08 2016노4955
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the lower court against the Defendants (Defendant A: imprisonment with prison labor for a maximum of two years, for a short of one year and six months, and for a fine of 300,000 won, for Defendant B: imprisonment with prison labor for a maximum of two years and six months, and for a short of two years) is too unreasonable

2. The Defendants recognized all of their mistakes and are in depth against themselves.

Defendants are still juveniles, and some of the victims have been returned to victims.

Defendant

B agreed with the victim AL in the first instance.

On the other hand, the defendants continued to commit a number of crimes without the awareness of special crimes.

Defendants committed each of the crimes of this case without being aware of the fact that they received juvenile protective disposition several times due to the same crime and were released from the juvenile reformatory.

On the basis of the entire victims, substantial damage recovery was not achieved.

In addition, when comprehensively taking into account the circumstances of the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That since the part of the judgment below ordering the conversion of punishment to Defendant A, who is a juvenile under the age of 18, is obvious that the part of the judgment below ordering the conversion of punishment to Defendant A, who is a juvenile under the age of 18,00, is erroneous, the above Defendant shall be confined in the old room for the period calculated by converting KRW 100,00

Article 70(1) and Article 69(2) of the Criminal Act shall be corrected to delete the part of “1. The detention in a workhouse (Defendant A)” and “Article 70(1) and 69(2) of the Criminal Act.”

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