beta
Text
Defendant
The lower judgment against A and B and the Defendant C shall be reversed respectively.
Defendant
B. Imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The sentence of Defendant A(the first instance court: imprisonment with prison labor for three years, and the second instance court: imprisonment with prison labor for six months) is too unreasonable.
B. Defendant B’s sentence of sentence 1 and 2 (the first instance court: imprisonment with prison labor for three years, and imprisonment with prison labor for one year) is too unreasonable.
(c)
Defendant
C The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant A and B prior to the judgment on the grounds for appeal.
The Defendants filed an appeal against the lower judgment against the Defendants, and this Court decided to jointly deliberate on the above appeal cases.
All of the crimes committed by the lower judgment guilty against the Defendants are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore, the lower judgment against Defendant A and B cannot be maintained as it is.
3. It seems that the Defendant’s crime of acquiring stolen goods was an element that enables Defendant B and A to commit additional crimes.
As oil with a high economic and social value, damage to oil pipeline works or social harm to the victim is considerably significant, and the amount of oil acquired by the defendant is large and the value of the oil is high so that the crime is heavy.
It is highly likely that the defendant committed a crime with the knowledge that the oil was stolen from the oil pipeline from the beginning, and there is a high possibility of criticism in that the criminal law was interviewed and sealed.
These points are disadvantageous to the defendant.
On the other hand, the defendant committed the crime of this case from the investigative agency and misunderstanding is divided.
The defendant has been supplied through the oil refining company or agency mainly while operating the gas station, and the amount of the charge shall be calculated according to the market price of the gas station to be sold to the consumer.