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(영문) 수원지방법원 2013.10.02 2013노3539
특수절도등
Text

All appeals by the Defendants and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s imprisonment (one year of imprisonment) is too unreasonable.

B. Defendant C1) misunderstanding of facts and misunderstanding of legal principles with Defendant C (hereinafter “Defendant C1”) did not conspired with Defendant B and Co-Defendant A for the special larceny of this case. ② Defendant C’s waiting place for Defendant C, etc. was left away from 100 meters from the place of crime and the place of crime and lack of fieldity. ③ Although Defendant C did not share the commission of the commission, the lower court deemed Defendant C as a joint criminal of special larceny, the lower court erred by misapprehending the facts or by misapprehending the legal principles on special larceny. 2) In so doing, the lower court’s sentence of unfair sentencing (one hundred months of imprisonment) is too unreasonable.

C. The prosecutor (with respect to the defendant C) of the lower court’s sentence (ten months of imprisonment) is too unhued and unreasonable.

2. Determination

A. Although Defendant B’s judgment on the assertion of unfair sentencing on the assertion of unfair sentencing by Defendant B recognizes all of the instant crimes and reflects their depth. However, despite the age, it is deemed that the punishment imposed by the lower court (one year of imprisonment) is not adequate and hot in full view of all the following: (a) the nature of the crime is not good; (b) there is no agreement with the victims or no recovery from damage up to the trial; and (c) all the sentencing conditions indicated in the records and arguments, including Defendant B’s previous conviction, character and conduct, the background of the instant crime, the means and method of the instant crime, the circumstances after the crime, etc., and the circumstances after the crime, etc., were committed.

B. On January 25, 2013, around 16:17, 2013, the following facts acknowledged by each evidence duly adopted and investigated by the lower court and the first instance court in the “P” bank, namely, the Defendant C, prior to the instant crime, is five million won.

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