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(영문) 대구지방법원 2017.04.19 2016노5632
절도
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for two years.

Samsung Tallon jumopon (a certificate.)

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant A (the punishment of 3 years and 6 months imprisonment, 2 years and 2 years) is too unreasonable.

B. Defendant B’s sentence (a year and six months of imprisonment, and death penalty No. 1) imposed on the Defendant is too unreasonable.

(c)

Defendant

C1) The Defendant misunderstanding the fact that he received cash in the subway station, but was unaware of the fact that the said money was stolen, and was merely aware of the fact that the said money was stolen and received in exchange for money in accordance with A’s illegal exchange act.

However, the judgment of the court below which found the defendant guilty of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment, and evidence No. 3) is too unreasonable.

2. As to Defendant A’s assertion of unfair sentencing, the Defendant’s participation in each of the instant crimes in collusion with the staff to be engaged in the commission of the criminal act of Bosing, and the amount received from cash collection books to China, etc. The degree of his participation is not somewhat less than that of the Defendant’s participation. The instant Bosing crimes, like the instant case, do not cause much and much social harm, and thus, the need for punishment is very high.

However, in full view of the sentencing conditions favorable to the defendant, such as: (a) the defendant conspireds with employees to commit the crimes of this case in advance and does not seem to have reached the conclusion of each of the crimes of this case; (b) the defendant agreed with the victims at the time of the trial; (c) the defendant fully compensated for the amount of damage as determined by the J; and (d) the defendant has no criminal prosecution; and (e) the defendant's age, sex, environment, motive or circumstance of the crimes; and (e) any other sentencing conditions, such as the defendant's age, sex, motive or circumstance after

3. Determination as to Defendant C’s assertion of mistake of facts and ex officio determination as to Defendant B

A. The main points of this part of the facts charged are as follows: the person who was named in this part of the facts charged is living in China.

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