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(영문) 대구고등법원 2013.12.19 2013노346
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for two years.

confiscated crowdfunding.

Reasons

1. The summary of the grounds for appeal is unreasonable because each punishment (for defendant A: four years of imprisonment; for two years and for two years and six months of imprisonment) against the defendants of the court below is too unreasonable.

2. Determination

A. Defendant A recognized that all of the instant crimes were committed, and Defendant A violated his mistake.

Some of the damage of this case were confiscated and temporarily returned to D Co., Ltd.

Defendant

A suffers from disease, such as a navigational scarcity, etc.

These circumstances are favorable to Defendant A.

However, during the last 10 years, Defendant A had been sentenced two times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). Defendant A again committed the larceny of this case in 50,000 days after having been released from the prison, and committed the larceny of this case in 23 times in total during the period of repeated crimes.

The total amount of damage in this case reaches 63 million won, and most of the damage was not recovered, and it was not agreed with the victims.

These circumstances are disadvantageous to Defendant A.

These circumstances and Defendant A’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the recommended range (3 to 6 years of imprisonment) set forth in the sentencing guidelines for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is a basic crime [3 to 6 years of imprisonment, the basic area of the theft crime group, habitual larceny, the primary area of the first category (general repeated larceny), the upper limit and lower limit of the sentence range shall be increased by 1.5 times in the case of Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes] to the second crime of fraud using computers, etc. [1.5 times of imprisonment: fraud group, general fraud, the amount of less than 100 million won, and the basic area]. In full view of these circumstances, the sentencing of the lower court is too unreasonable.

B. Defendant B, with respect to Defendant B, has been stolen during the last ten years.

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