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(영문) 청주지방법원 2018.05.03 2018노209
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for 2 years and 6 months, and fine for 300,000 won, Defendant B: imprisonment for 2 years and 300,000 won) declared by the prosecutor by the court below is too unhued and unreasonable.

B. The above sentence against Defendant A rendered by the lower court is too unreasonable.

2. The judgment was examined, and the court below decided that the above punishment was imposed on the defendants on the grounds that the sentencing as stated in its reasoning had taken full account of the fact that the defendants committed each of the crimes of this case at the same time even though they had been subject to criminal punishment several times due to the same kind of larceny, the defendants committed the crimes of this case at the same time during the period of repeated crime, and the prosecutor asserts that there was no agreement with most victims, and that the defendant A committed each of the crimes of this case at the trial, and that the defendant A committed the crime of this case, and that there was an agreement with some victims that he was committed the crime of this case on the grounds favorable to the judgment of the court below, and that there was an agreement between the victim A and some of them, and that the judgment of the court below was too heavy or unhued so far as the judgment of the court below is beyond the reasonable scope of discretion.

shall not be appointed by a person.

Therefore, prosecutor and Defendant A’s assertion are rejected.

3. In conclusion, the Prosecutor’s appeal against the Defendants and Defendant A’s appeal are without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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