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(영문) 대구지방법원 2019.07.19 2019노1992

특수절도등

Text

1. The judgment below is reversed.

2. The defendant A shall be punished by imprisonment with prison labor for a year and six months, and the defendant B by imprisonment for eight months.

3...

Reasons

1. Summary of grounds for appeal;

A. Defendants: The sentence imposed on the Defendant (one year and ten months of imprisonment, confiscation, and one year of imprisonment) by the lower court is too unreasonable.

B. Prosecutor: The above sentence imposed by the court below against Defendant A is too unfilled and unfair, and the evidence 1 must be confiscated from Defendant A.

2. Determination

A. It is also recognized that Defendant A and the Prosecutor’s argument on whether unfair sentencing was unfair. This case is recognized that the above Defendant committed multiple crimes, focusing on the case, did not agree with the victims, and led the special larceny crime of this case. However, the above Defendant recognized all the crimes of this case, the victim G was recovered in the trial, and the victim G expressed his intention not to want punishment against the above Defendant in the trial, and there was no history of punishment domestically, and there are other circumstances to consider that the above Defendant committed the crime of this case with no history of punishment in the Republic of Korea, and that the Defendant committed the crime of this case in order to raise the cost to return to the mother country, which is an ancient country. Considering various circumstances, such as the age, character, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., as well as circumstances after the crime, it is somewhat unreasonable to deliver the proceeds of sale to the victim as consideration for the crime of return of stolen property (the subject matter of confiscation or stolen property should be returned to the victim.)