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(영문) 부산지방법원 2019.07.09 2019노990

특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment for each of the defendants A and defendant D, the defendant B, the defendant C, the defendant E, and the defendant F) is too unreasonable.

2. Determination

A. According to the records, in light of the fact that the nature of the crime is inferior in light of the details and methods of the crime, and the preparation of the theft prevention text removal tool and the bags manufactured as Aluminum aluminium to enter the Republic of Korea, the lower court determined punishment by taking into account various sentencing factors, such as the fact that the crime was planned in advance, the fact that the mistake was divided, the fact that the damaged goods were recovered, the degree of participation, the family environment, etc.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.