(영문) 수원지방법원 2018.02.22 2018노110 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2018.02.22 2018노110

특수절도미수등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant A (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants to the prosecutor (Defendant A: Imprisonment with prison labor for one year and six months, and Defendant B: imprisonment with prison labor for eight months) is too unhued and unreasonable.

2. We also examine the Defendants A and the Prosecutor’s respective unfair sentencing arguments.

The Defendants appear to have the attitude of recognizing and opposing all their criminal acts; the thief crime of this case is committed against attempted attempts; all the Defendants have no record of being punished in the Republic of Korea; and the degree of participation in the crime is relatively minor compared to Defendant A, etc. in the case of Defendant B, which are favorable to the Defendants.

Meanwhile, the crime of this case was committed in a systematic, planned, and intelligent manner against many unspecified victims, and the nature of the crime is considerably poor, and it is inevitable to severely punish subordinate participants, such as collection and delivery measures, due to a very high social harm caused by the crime. The Defendants participated in the crime of this case by actively and actively interviewing and interviewing the victim’s residence, such as attempting to steals damage, and the fact that the crime of this case was committed in bad quality, and that the victim did not agree separately with the victim is disadvantageous to the Defendants.

As above, the lower court appears to have determined the punishment in consideration of various favorable and unfavorable circumstances to the Defendants, and there is no special change in the depth of the case.

In addition, in full view of all the conditions of sentencing indicated in the records of this case, including the age, sex, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, it is difficult to see that the sentencing of the court below is too heavy or it is unfair because it is so difficult to view it as unfair. Therefore, each of the above arguments of sentencing against the Defendants A and the

3. Conclusion.

유사 판례

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