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(영문) 청주지방법원 2014.04.04 2013노1034
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment, and one year of imprisonment) is too unreasonable.

2. The facts that the Defendants were led to the confession of all of the instant crimes, and that some of the larceny damage was temporarily returned to the victims by an investigative agency, and that the crime of the crime for which judgment became final and conclusive and the crime of the latter part of Article 37 of the Criminal Act are concurrent crimes under the latter part of Article 37 of the Criminal Act, and that it is necessary to determine punishment in consideration of equity in cases where judgment is rendered at the same time under Article 39(1) of the Criminal Act

However, the number of crimes revealed that the Defendants committed the instant crime repeatedly for about about 10 months by joint or several conspiracys, and the nature of the crime is not good, the victims have not been recovered at all except for the stolen goods partially seized, and the victims want to punish the Defendants. In particular, a part of the instant crime is a crime committed in the course of trial after being prosecuted for the same kind of crime, the Defendants have the history of criminal punishment for Defendant A, in addition to the record of receiving juvenile protective disposition several times due to the same crime, and there is no special circumstance to change the sentence of the lower court, and there is no other circumstance to change the sentence of the lower court, considering the motive and circumstance leading up to the instant crime, the circumstances before and after the instant crime, the Defendants’ age, character and conduct, occupation, occupation, and family relationship, etc., the lower court’s punishment is too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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