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(영문) 대전지방법원 2021.01.07 2020노2903
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal is unreasonable because it is too unreasonable to punish the Defendants in the lower court’s imprisonment with prison labor for a maximum of three years, for a short of two years and six months, for Defendant C: imprisonment with prison labor for a maximum of two years and six months, and for a fine of three hundred thousand won).

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

As stated in the reasoning of the sentencing, the lower court determined the sentence in consideration of the favorable circumstances and unfavorable circumstances for the Defendants.

There is no change in the sentencing conditions of the lower court because new sentencing data has not been submitted in the trial at the lower court [the confessions made by Defendant C with respect to the instant case (the special larceny, attempted special larceny, and damaged special property) in the trial at the lower court alone, there is no change in the sentencing conditions.

In addition, in full view of all the conditions of sentencing as shown in pleadings, such as the age, sex, environment, family relationship, circumstances after the commission of the crime, and the consequences of the crime, the sentence against the Defendants is too heavy.

shall not be recognized.

3. The appeal by the Defendants is dismissed on the ground that the appeal is without merit (Provided, That in accordance with Article 25(1) of the Regulation on Criminal Procedure, Article 30 of the Criminal Act is added to each of the “Article 30 of the Criminal Act” as to Defendant C’s special larceny and attempted special larceny (see Supreme Court Decision 98Do321 delivered on May 21, 1998, etc.).

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