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(영문) 광주지방법원 2014.10.22 2014노688
특수절도등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the respective sentence of the court below (two years of suspended execution and probation in August, and one year of suspended execution and probation in one year of imprisonment) is too uneasable and unreasonable;

2. Determination

A. The prosecutor's assertion that the number of crimes against the defendant A by the defendant was reached 13 times and the total market price of the stolen goods was not significant, but there was no previous conviction and no previous conviction exceeding fine. The actual acquisition profit of the defendant A appears to be smaller than the total market price of the stolen goods, the victim AC, AB, P, U, Z, and the agreement with the disabled class 6 of the trial disorder is favorable. In full view of the following factors: (a) the court below's punishment is too unreasonable, taking into account the circumstances of the crime in this case; (b) the circumstances after the crime in this case; (c) the age of the defendant A, character, and environment; and (d) there are various sentencing conditions in the argument in this case, such as the fact that the punishment of the court below is too unreasonable. Thus, the prosecutor's assertion against the defendant A is without merit.

B. The prosecutor's assertion that the number of crimes against the defendant B did not reach nine times and the total market price of the stolen goods did not reach the total market price, the defendant B had a criminal record of the same kind of punishment including the criminal record, and the considerable part of the damage recovery has not been made. However, there are no criminal records for about the past ten years, the profits actually acquired by the defendant B seems to be less than the market price of the stolen goods, the profits actually acquired by the defendant B appear to have been less than the total market price of the stolen goods, the defendant A stated the crime itself, and agreed with the victim F, the victim A, the victim A, the victim A, the victim A, the victim A, the victim A, the victim's 200,000 won, the victim's Z did not want the punishment of the defendant B, and the victim's Z suffers the quality.

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