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(영문) 부산지방법원 2014.11.28 2014노2735

특수절도등

Text

Of the judgment of the court below of first instance, the part against Defendant A and the judgment of second court shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. The summary of the grounds for appeal is unreasonable because the first instance court's imprisonment with prison labor for two years and six months and one year and six months and one year and six months and one year and six months and one year and one year imprisonment with prison labor for Defendant A sentenced by the second instance court to Defendant A is too unreasonable.

2. Prior to the judgment on the grounds for appeal by Defendant A ex officio, the case of this court No. 2014No2735, which is the appeal case by the above defendant against the judgment of the court of first instance, and the case of this court No. 2014No3691, which is the appeal case by the above defendant against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Since each crime of the judgment of the court below against Defendant A is in a concurrent crime under the former part of Article 37 of the Criminal Act, each crime of the judgment of the court below against Defendant A shall be sentenced to a single sentence within the scope of aggravated punishment pursuant to Article 38(1) of the Criminal Act, the part against the above defendant among the judgment of

3. It is recognized that Defendant B’s judgment on the assertion of unfair sentencing regarding Defendant B’s assertion of unfair sentencing is against each of the crimes of this case, and that: (a) the four of the vehicles that stolen or stolen were recovered by victims or returned temporarily to victims, and there was no record of criminal punishment other than fine three times; (b) there was no record of criminal punishment for the same crime; and (c) there was no record of criminal punishment for the same crime; and (d) there was considerable economic difficulty due to the Plaintiff’s sudden death, and it appears that economic difficulty is very difficult.

However, each of the crimes of this case is a case in light of the number of crimes or the total amount of damage amount of KRW 130 million, etc., which amounts to a total amount of KRW 130 million, in collusion with Defendant A for a short period of not less than two weeks, and steals the vehicle number plates and sells them to others in order to dispose of them as so-called "large-scale vehicle."