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(영문) 대전지방법원 2014.09.17 2013노1646

특수절도등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., imprisonment of eight months, suspension of execution of two years, Defendant B: imprisonment of six months, suspension of execution of two years) is too unfasible and unfair.

2. The crime of this case was committed on the part of Defendant A and B by cutting down approximately 11,150 knives for female use owned by the victim and selling them to C who operated a secondhand property, and the Defendants’ liability is not less less than that of the Defendants. The Defendants committed a verbal theft of approximately KRW 17 million over four occasions, and the Defendants committed a large amount of damage, and there are the records of the same crime as a fine once and the records of a fine six-time property crime against Defendant A, which are disadvantageous to the Defendants.

On the other hand, all the defendants divided each of the crimes of this case and seriously reflect on the fact that the verbal statements that the defendants stolen were involved in the theft of this case, the large amount of actual damage was returned to the victim, and the profits acquired by the defendants through the crime of this case are merely about 4.10,00 won, Defendant A suffered economic difficulties and economic difficulties, Defendant A committed the crime of this case while collecting stolen money, and most of the criminal records were punished for fraud because most of the criminal records were not paid the PC user fees, and Defendant B was involved in the theft of this case according to Defendant A's proposal, and was unable to live in the place of the elderly accommodation without his parents or siblings.

The facts leading to the instant crime, and the fact that there is no specific criminal power other than the fine of two times in minor matters, etc. are favorable to the Defendants.

Considering the above circumstances and the motive leading up to the instant crime, the circumstances after the commission of the crime, the age and character of the Defendants, character and conduct, family relationship, environment, occupation, etc., the sentence of the lower court is too unfasible.