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(영문) 춘천지방법원 2013.08.21 2013노114
특수절도
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year suspended sentence in one year and six months of imprisonment, two-year suspended sentence in one year and six months of community service order, two-year suspended sentence in one year of imprisonment, 80 hours of community service order, and Defendant C: two-year suspended sentence in one year of imprisonment, and two-year suspended sentence in six months of imprisonment) is too unreasonable.

2. The Defendants did not have the same criminal power, and the Defendants deposited 18 million won, which is part of the amount of damage. However, each of the crimes of this case committed by the Defendants jointly and repeatedly over several occasions about 3,568,00 gs of pipes totaling 3,100 gs of the market price owned by the victims, which is equivalent to the total amount of 3,568,000 won, and the nature of the crime is not somewhat weak in light of the type of crime, the method and frequency of the crime, and the degree of damage. Nevertheless, the Defendants were forced to defend themselves rather than to repent their mistakes, and the damage was not paid to them up to the trial, and it did not reach an agreement with the victims. Defendant C was sentenced to the lowest sentence out of the applicable punishment among the applicable sentences through discretionary mitigation, and the Defendants’ motive and background leading up to each of the crimes of this case, the age, character, and conduct of the Defendants, etc. were considered in light of the records, and the above Defendants’ assertion of sentencing is without merit.

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

(However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected that the "Defendant B" in Part 4 of the judgment of the court below is changed to "Defendant C".

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