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(영문) 울산지방법원 2014.12.05 2014노887
특수절도
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In light of the overall circumstances of A and the prosecutor of this case, the punishment (one year of imprisonment) imposed by the court below on Defendant A is too heavy or unhutiled.

Defendant

In light of C’s overall circumstances of this case, the sentence (one month imprisonment and two years of suspended execution) sentenced by the court below to Defendant C is too uneasible and unfair.

However, the Defendants, B, and J were working at the subordinate companies of the victim I or managed the integrated materials storage, etc. of the victim I, and the victim I was in a position to easily understand the method by which the victim I would manage surplus fees, etc. In the course of a series of crimes in which the victim I would be issued a certificate of release by forging the purchase source of the stolen goods, and the victim would be issued a disguised delivery of the stolen goods, and the surplus paints, etc. would be transported, and personal benefits should be borne by sharing their roles and distributing their profits, and thus, criminal liability corresponding thereto should be borne.

In addition, the defendant committed the crime of this case with approximately one year and nine months in total, without clear awareness of the crime, seems to have rationalizing the crime on the ground of economic difficulty. The defendant led the crime of this case to dispose of stolen goods through a stolen business operator introduced by the arbitr. The defendant was partly recovered from the defendant's salary to the victim I. The defendant deposited 13.5 million won for the above victim company, and other sentencing conditions such as the defendant's age, family relation, criminal record relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., as a whole, the defendant's punishment imposed by the court below is deemed reasonable, and it cannot be deemed that the defendant is excessively heavy or unfair, and the defendant and the prosecutor's assertion of unfair sentencing are without merit.

Defendant .

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