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(영문) 전주지방법원 2019.07.17 2019노453

특수절도등

Text

The judgment of the court below is reversed.

[Defendant A] The defendant A shall be punished by imprisonment with prison labor for one year and six months.

except that this judgment.

Reasons

The summary of the grounds for appeal (e.g., punishment) that the court below sentenced against the Defendants (e.g., imprisonment for a maximum of two years, for a short of one year and six months, for a long term of two years and six months, for a short term of two years and two years and six months, for a short term of two years and fine of 300,000, for Defendant C, and for a short term of one year and six months, for Defendant C) are too unreasonable.

Judgment

The Defendants stolen other person’s wallets, cash, cellular phone, and Oba, and consumed them by using the said cash or other other person’s credit card, etc. as entertainment expenses or living expenses.

Based on the crime that can calculate the amount of damage among property crimes (special larceny, fraud, theft, etc.) committed by the Defendants, Defendant A is about KRW 17 million, Defendant B is about KRW 20 million, and Defendant C is about KRW 21 million.

In addition, Defendant B, in collaboration with BU, injured the victim BX, and carried dangerous objects in collusion with BU, thereby causing injury to the victim BZ.

Considering the period, method, target, frequency, and size of the Defendants’ crime, there is a high possibility of criticism against the Defendants, and the nature of the crime is also hot.

Many victims suffered monetary damages due to each of the crimes of this case, which has not been restored to the present portion.

Considering the present situation of the Defendants, it is not easy to recover the victims' full damage.

Considering these circumstances, it is necessary to strictly punish the Defendants.

However, on the other hand, the Defendants divided their own mistakes and reflect their depth.

Defendants are not subject to criminal punishment.

The Defendants are currently engaged in 17 years of age. At the time of each of the instant crimes, the Defendants did not have much social experience at 16 years of age and did not have much ability to distinguish.

Defendant

A at the original trial, AD, victim AH, and victim AJ.