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(영문) 전주지방법원 2015.12.02 2015노864

특수절도등

Text

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

Reasons

1. The summary of the grounds for appeal against the Defendants (the Defendant A: one year and six months of imprisonment, three years of suspended execution, 80 hours of community service order, Defendant B: one year of suspended execution, three years of suspended execution, and 80 hours of community service order) are too unfasible and unreasonable.

2. The defendants committed the crime of this case over a number of months, the total amount of damage is large, and the damaged company still wishes to punish the defendants. However, although the defendants recognized all of the crimes of this case, they have recovered part of the damage by means of giving up benefits and retirement allowances to be paid to the victimized company, and the defendants have continuously deposited the damaged company's money for the damaged company, there is no past record of criminal punishment against the defendants, and the defendants' family members want to take care of the defendants, and taking full account of various kinds of sentencing conditions as shown in the arguments of this case, including the defendants' age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, etc., the prosecutor's assertion is without merit. Thus, it is not recognized that the court below's punishment imposed on the defendants is too unreasonable.

3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.