beta
(영문) 대전지방법원 2017.09.06 2017노1908

특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one and half years of imprisonment, confiscation, and two years of imprisonment) is too unreasonable.

2. The defendants recognized all of the crimes of this case and reflected in depth of the mistake, and some of the defendants' thefted misuse appears to have been returned to the victims, Defendant A agreed with some victims, and Defendant A was the first offender who did not have any record of criminal punishment.

However, the crime of this case was committed by the Defendants more than 10 times and forged each official document to dispose of it, and then sold the above Obane to the victims who do not know of such facts. In light of the method and frequency of the crime, the nature of the crime is very poor; the victim is a majority and the total amount of damage exceeds 30 million won; and Defendant B repeatedly committed the crime of this case without being aware of it during the period of repeated crime and suspension of execution.

In full view of the above circumstances and the Defendants’ age, sexual conduct, environment, motive, means, and consequence, there is no special circumstance that the lower court and the punishment are different from the original instance judgment, and there is no change in circumstances that appear in the records and arguments after the commission of the crime, the lower court’s punishment is excessively unreasonable.

Therefore, the above assertion by the Defendants is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.