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(영문) 대전지방법원 2015.10.29 2015노2213
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of one year, short of eight months, Defendant B: imprisonment with prison labor for a maximum of ten months, short of eight months, Defendant C: imprisonment with prison labor for a period of ten months, 10 months, suspended execution for a period of two years, probation for a period of two years) that the court below sentenced the Defendants is too unreasonable.

2. The facts charged in the instant case appear to have been led to the confession of the Defendants and against themselves, and the fact that Defendant A agreed with the victim P and Defendant C submitted each written agreement by agreement with the victim P and N is favorable.

However, the crime of special larceny of this case was committed by the Defendants by taking part in the Defendants’ planned roles and destroying entrances, and the nature of the crime is not good, and there is no specific evidence to acknowledge that the Defendants did not agree with most victims except for the agreed partial victims, and that they endeavored to recover from the damage. Unlike the circumstances where the lower court’s sentencing is assessed to have exceeded the reasonable bounds of discretion, or there is no newly discovered data in the course of the trial of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of various sentencing conditions prescribed in Article 51 of the Criminal Act, including the Defendants’ age, character and conduct, environment, motive, means, and consequence of the crime, and the circumstances before and after the crime, the Defendants’ assertion of unfair sentencing is too unreasonable. Therefore, all of the grounds for appeal by the Defendants are without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendants are without merit. It is so decided as per Disposition.

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