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(영문) 광주지방법원 2015.09.22 2015노889
특수절도
Text

The Defendants’ appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (Defendant A: imprisonment of one year and four months, confiscation, and Defendant B: imprisonment of one year and six months) is too unreasonable.

Judgment

In the court below, the defendants agreed with the victim D and G, and some damaged articles were temporarily returned to the victim.

However, the crime of this case was committed by the Defendants by intrusion upon another’s residence jointly, and thus, the Criminal Code was bad, the Defendants were punished several times for the same crime, Defendant B was sentenced to imprisonment with prison labor for six months and for two years of suspension of execution on September 30, 2013, and the judgment became final and conclusive on October 8, 2013, and committed each of the crimes of this case, which is the same crime, during the suspension of execution. In addition, considering the Defendants’ age, character and behavior, environment, and all of the sentencing conditions in the records of this case, and the scope of recommended sentencing guidelines (one month of imprisonment to two months), it cannot be deemed unfair because the lower court’s punishment is too unreasonable.

Thus, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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