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(영문) 서울고등법원 2014.09.05 2014노1418

특정범죄가중처벌등에관한법률위반(절도)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court (Defendant B: Imprisonment with prison labor for three years and six months, and Defendant D: imprisonment with prison labor for one year and six months) against the Defendants in summary of the grounds for appeal is too unreasonable.

2. The part of the defendants' attempted larceny, the degree of the defendants' participation in the crime is relatively minor compared to co-defendants of the court below, most of the profits gained from the crime of this case appears to have been used as living expenses, and the defendants are against themselves when all of the crimes of this case are committed. It constitutes favorable circumstances.

However, the crime of this case is committed mainly by the defendants, leaving the door door of the cell phone store which is unsatisfy at night, and repeats several times. The crime of this case is committed in a systematic and planned manner after inviting the crime in advance, and then selling stolen cell phones and cash to a third party and distributing stolen goods. The defendants committed the same crime without having been punished several times as the same crime, and the victims expressed their intention to punish the defendants, and Defendant B even driving without obtaining a license.

In addition, the conditions of sentencing, such as the age, character and conduct, environment, motive of the crime, means and consequence of the crime, the circumstances after the crime, and the scope of statutory penalty and applicable sentences, shall be limited to the recommended sentencing guidelines according to the sentencing guidelines set by the Supreme Court Sentencing Committee.

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