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(영문) 서울동부지방법원 2015.12.11 2015노1312
상습특수절도
Text

All appeals by the Defendants are dismissed.

Reasons

The gist of the Defendants’ grounds for appeal is that the sentence of the lower court, which sentenced Defendant A and C to two years and two years and six months and six months of imprisonment, is too unreasonable in light of the fact that the Defendants recognized all of the instant crimes and divided their mistakes in depth.

In light of the following circumstances, the Defendants committed the instant crime: (a) the Defendants: (b) did not have any special circumstances or changes in circumstances that are newly considered in sentencing after the judgment of the court below was rendered; and (c) the Defendants were punished for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) without being aware of the fact that the Defendants were sentenced to imprisonment for a crime of this case as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (c) the Defendants committed the instant crime of this case without being aware of the fact that the Defendants were punished for each repeated crime of this case without being able to commit the crime of this case, and (d) the Defendants committed each repeated crime of this case by impairing their respective ages, environments, and the degree of their discourses, etc.; and (e) comprehensively taking account of various circumstances, each sentence imposed by the court below cannot be deemed to be unfair.

Therefore, since the defendants' appeal is without merit, it is all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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