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(영문) 서울북부지방법원 2016.10.07 2016노960
특수절도등
Text

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

Reasons

1. The summary of the grounds for appeal (one year of imprisonment in case of Defendant A, one year of imprisonment in case of Defendant B, two years of suspended execution in case of imprisonment in case of Defendant B) is too unhued and unreasonable;

2. The number of crimes committed by the Defendants has reached several times, and Defendant A committed the instant crime during the period of repeated crime due to the same kind of crime, and the fact that the Defendants did not receive suspicion from the victims up to the trial is disadvantageous to the Defendants.

However, the defendants recognize all their mistakes from the original trial and reflects them.

The amount of economic damage caused by each of the defendants' crimes is not so significant, and the defendants seems to have caused the crimes of this case in the economic poor state.

When there is no change in special circumstances or circumstances that can be newly considered in sentencing at the trial, and comprehensively considering all the factors of sentencing as shown in the records and arguments of the instant case, including the Defendants’ age, character and conduct, family relation, motive and background of the crime, and circumstances after the crime, the lower court’s sentencing was conducted within the reasonable scope of discretion, and thus, it cannot be deemed that the lower court’s sentence against the Defendants is too unjustifiable.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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