beta
(영문) 대구지방법원 2013.07.12 2013노1308

특수절도등

Text

The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment for eight months, and by imprisonment for ten months, respectively.

(b).

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (one year of imprisonment) is too unreasonable.

2. The judgment of the Defendants, together with H and I, committed a special larceny repeatedly at eight mobile phone sales stores located in the vicinity of one week between H and I, and the nature and circumstances of the crime are not very good in that they committed the crime by ging the place of the crime and sharing their roles in advance. The damage amount from the crime in this case is equal to KRW 47,734,60, and the Defendants informed H and I of the Criminal Code, and allowed them to commit the crime directly. However, all of the Defendants to confession the crime in this case and divide their mistake in depth. The victims except the victims S do not want the punishment of the Defendants; the victims are 30,000 won, Defendant B and C deposited the crime in advance; the circumstances of the crime in this case’s imprisonment with prison labor for the sake of victim S; and the circumstances of the crime in this case’s imprisonment with prison labor for 201,300,000 won, and the remaining crimes in this case’s imprisonment with prison labor for 216,2013.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is reversed, and the judgment below is followed again through pleading.