특정범죄가중처벌등에관한법률위반(절도)
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for a year and six months.
(b).
1. The sentencing of the lower court (2 years and six months of imprisonment, and one year and six months of imprisonment) against the Defendants in the summary of the grounds for appeal is unreasonable.
2. Determination
A. As to the grounds for appeal by Defendant A, the Defendant was an employee of the victim company for a long time, and committed the theft in a planned and repeated manner. The Defendant committed the crime, the nature of the crime is not good, the amount of damage is KRW 260 million in total based on the amount sold by the Defendant, and the actual amount of damage seems to be greater. Nevertheless, the Defendant deposited KRW 10 million on behalf of the victim company, and the Defendant did not pay most damage, and the Defendant did not take the lead of the crime, such as selecting, disposing of, and distributing profits from, the stolen goods, and taking into account other factors such as the Defendant’s age, character and conduct, environment, motive and background leading to the crime of this case, method and consequence of the crime, and the circumstances before and after the crime, it is difficult to deem that the sentencing by the lower court against the Defendant is too unreasonable.
B. As to the grounds of appeal by Defendant B
As seen in this subsection, it is recognized that the nature of crime is inferior, and that the defendant did not reach an agreement with the victim.
However, considering the fact that the defendant appears to have minor participation in the crime compared to the defendant A in the court below and the court below for the victim company, the defendant deposited a total of KRW 100 million in the court below for the victim company and made considerable efforts to recover damage, and the defendant has no record of criminal punishment prior to the crime of this case, and all other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of each of the crimes of this case, and the circumstances after the crime of this case, etc., the court below's sentencing against
3. Conclusion, Defendant A-A-.