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(영문) 대전고등법원 2013.04.24 2013노40
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the lower court (five years of imprisonment with prison labor for Defendant A and two years of imprisonment for Defendant B) is too unreasonable.

2. The crime of this case is determined based on various circumstances, including the defendants' age, character and behavior, intelligence and environment, motive and circumstance of the crime, means and result of the crime, etc., even if the court below made an agreement with the victims other than the victims except for the victims, and thus the victims do not want the punishment of the defendants, and considering some favorable circumstances, such as the fact that the defendants committed the crime of this case again during the repeated crime period, even though they were punished not less than twice due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case, Defendant A committed the crime of this case again during the repeated crime period, and the defendants planned to commit the crime by preparing for the crime of this case in advance. The defendants committed the crime of this case by taking into account various circumstances, such as the defendants' age, character and behavior, intelligence and environment, motive and circumstance of the crime, and circumstance after the crime, the sentencing of the court below is too unfair, even if considering some favorable circumstances of the victims do not want the punishment of the defendants.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is groundless. It is so decided as per Disposition.

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