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(영문) 부산지방법원 2013.12.12 2013노3446
특수절도
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year of imprisonment and one year of return) too unreasonable;

2. The crime of this case led by the Defendant to repair scrap aircraft, etc. owned by himself/herself and owned by himself/herself, who is a superior in charge of material management Category B and Dong C, is unfair for the following reasons: (a) theft of the total amount of KRW 70,000,000,000, such as yeast, straw, and Aluminium; and (b) distribution of the profits therefrom, causing considerable adverse effects on the external credibility of the victimized company; and (c) failure to reach an agreement with the victimized company up to the trial.

However, the Defendant: (a) acknowledged all of the instant crimes as a primary offender; and (b) committed a serious effort to join the instant crime through detention life for a considerable period of time with accomplices; (c) while attempting to reach an agreement with the victimized company on several occasions, the Defendant deposited a total of KRW 50 million in order to change the damage; (d) however, the circumstances have not reached an official agreement due to the internal policy of the victimized company; and (e) the Defendant was in charge of outdoor storage within the damaged company G at the time of 2006 and 2007; and (e) there was considerable difficulty in maintaining and managing the U.S. military aircraft, etc. and storing and managing the scrap as a means of resolving the occurrence of considerable difficulty; and (e) there is no room to consider the circumstances leading up to the instant crime; and (e) at the time, the victimized company reported the scrap to its superior, and reported the scrap to its superior on the scrap designated on the scrap of the company in accordance with the internal disposal regulations; and (e) reported the details of the scrap to take it out only 20.

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