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(영문) 전주지방법원 2014.03.28 2014노112
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court against the Defendants in summary of the grounds for appeal (the imprisonment of August and the imprisonment of June and the imprisonment of April and the imprisonment of October) is too unreasonable.

2. The defendants' confessions of the crime of this case and the agreement between the victims, the defendants were considered to have committed the crime of this case as they were in an economically difficult situation while supporting their spouse and children who are minors, and the defendants Eul suffered mental illness such as boundary character disorder, habits and impulse disorder, etc. Among the crimes of this case, some of the crimes of this case are concurrent crimes with the crimes of this case which are stated in all criminal facts of the judgment of the court below and the latter part of Article 37 of the Criminal Act, which cannot be considered under Article 39 (1) of the Criminal Act with the principle of equity. However, the crimes of this case are committed in favor of the defendants. Since the defendants were committed jointly and repeatedly throughout a long period, they were attempted to steal or steal old and new stocks which are stated in another's workplace, and they were tried to do so without a license, and they were found to have committed the crime of this case without any license, and there is no possibility that the defendants would have committed the crime of this case before and after the suspension of execution, and there is no possibility of the defendants's punishment following the crime of this case.

3. In conclusion, the Defendants’ appeal is without merit, and therefore, Article 364(4) of the Criminal Procedure Act is applicable.

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