특수절도
The judgment below
The part of the defendant's case against the defendants is reversed.
Defendant
A shall be punished by imprisonment of one year and two months, and the defendant.
1. The summary of the grounds for appeal against the Defendants in the lower court’s respective punishment (one year and two months of imprisonment; one year and one year of imprisonment; and one year and ten months of imprisonment) is too unreasonable.
2. Determination
A. Defendant A’s participation in the commission of a theft of light oil supplied to the U.S. military in a systematic and planned manner, and the responsibility is grave, Defendant A’s participation period and frequency in the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of a
However, in full view of the following circumstances: Defendant A acknowledges all of the instant offenses; Defendant A has an opportunity to reflect on the victim’s living in custody for not less than six months; Defendant A deposited 45 million won for the victim in the trial; Defendant A deposited her money for the victim in the trial; Defendant A did not have any record of criminal punishment except for a punishment of a fine once for an immigration offense in around 1999; Defendant A’s sentencing and other circumstances constituting the conditions for sentencing as indicated in the instant case, such as the age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the sentence imposed by the lower court to Defendant A is somewhat inappropriate, and thus, Defendant A and his defense counsel’s allegation of unfair sentencing is with merit.
B. In light of the fact that Defendant H’s duties as an employee of the U.S. Armed Forces in Korea and aiding and abetting the commission of theft of light oil supplied to the U.S. Armed Forces in a systematic and planned manner, Defendant H’s responsibility is not less and thus, Defendant H needs to be subject to punishment corresponding thereto.
However, prior to the crime of this case, Defendant H recognized all the crimes of this case as the first offender with no criminal record, and had an opportunity to reflect on the victim’s living through confinement for more than six months, Defendant H deposited KRW 5 million for the victim in the trial of the lower court, and deposited the victim’s additional KRW 10 million for the victim in the trial of the lower court, and sentencing of accomplices and other defendants.