특수절도등
All parts of the judgment of the first instance court against Defendant C and F shall be reversed.
Defendant
C Punishments for C and F shall be punished, respectively.
1. Summary of the grounds for appeal: 2. Determination of this Court
A. As to each argument of Defendant C and F, the above defendants are divided in depth, there is no history of punishment for a crime similar to this case, Defendant C has to be punished, Defendant F has to consider a balance with the sentencing of J (Seoul Central District Court 2012Gohap1778) finalized by sentence of one year and six months due to a crime purchasing stolen goods from the above Defendants, etc. (However, the criminal facts of J are purchased over 90 times in total with 898 million won in smartphone 6200,000,000 won. The number of crimes committed by Defendant F are more than 89,000,000 won, and the number of cell phoness is more than 10,000 won; Defendant F was an intermediary and a general manager; Defendant C has no history of punishment for a crime similar to this case; Defendant F has to be punished; Defendant F has to take account of the age, character and conduct of the above Defendants, circumstances before and after the crime, balance of sentencing between the above Defendants, etc.
B. As to the respective arguments of Defendant A, B, and D, Defendant A committed the crime of Section 1-B as indicated in the judgment during the suspension period of the execution of the same kind of crime, and Defendant B had been punished several times for a crime similar to this case. However, the above Defendant again committed the crime of this case during the suspension period of the execution of the same crime, considering the fact that Defendant D was the first offender, the first instance court sentenced the above Defendant to a fine, and taking into account various sentencing conditions as indicated in the arguments of this case, such as Defendant A, B, D’s age, character and behavior, family character, family character, and circumstances before and after the crime, the first instance court cannot be deemed to be unfair because each sentence imposed on the above Defendants cannot be deemed to be excessive. Accordingly, each of the above arguments by the above Defendants disputing this point cannot be accepted.
3. According to the conclusion, the Criminal Procedure Act.