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(영문) 대구지방법원 2016.03.18 2015노4184

상습특수절도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: 3 years of imprisonment and fine of 50 million won, Defendant B, and C) are too unreasonable.

2. The Defendants recognized all the facts charged of this case and reflected in the judgment, and there is no same criminal record to Defendant A, and Defendant B and C had no criminal record. However, even though it is recognized that the crime of this case was committed for a long period exceeding six years, the number of crimes was planned and the amount of damage reaches approximately KRW 1,000,000, and approximately KRW 400,000,000, and the Defendants did not take any specific measures to recover from damage to the trial. Defendant A appears to have acquired considerable profits by selling the stolen flag at the restaurant it actually operated, and Defendant B and C appears to have received considerable compensation from Defendant A. In addition, considering the degree of the Defendants’ participation in the crime, age, sexual behavior, environment, family relationship, circumstances after the crime, etc., each of the offenses committed by the lower court is deemed to have been unduly unfair, and thus, the Defendants’ assertion is without merit.

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