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(영문) 전주지방법원 2013.08.30 2012노886
특수절도
Text

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

Reasons

1. In light of the overall sentencing conditions in light of the summary of the grounds for appeal, the sentence of the lower court (for the accused, each suspended sentence) is too unhued and unfair.

2. The instant crime of appeal is subject to strict punishment against the Defendants in light of the following: (a) the Defendants stolen goods worth KRW 3,922,00 from the victim’s clothing store that they worked as their employees; and (b) the nature of the relevant crime and the circumstances of the crime are not good; and (c) the Defendants did not agree with the victim up to the trial.

However, in full view of the following factors: (a) the Defendants were primary offenders; and (b) the Defendants were divided into two categories; (c) the amount of damage in this case is relatively small; (d) the Defendants were minors at the time of the commission of the instant crime; and (e) the Defendants’ age, character and conduct, environment and circumstances leading to the instant crime; and (e) the circumstances leading to the Defendants’ commission of the instant crime, means and consequence; and (e) the circumstances before and after the instant crime, etc., the Prosecutor’s assertion of unfair sentencing is deemed unreasonable on the ground that the lower court’s punishment

3. According to the conclusion, since all appeals filed by the prosecutor against the Defendants are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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