beta
Text
All of the appeals by the defendants against the defendant B and the prosecutor against the defendant B are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendants' punishment (the defendant A: one year of imprisonment; five million won of fine; and nine months of imprisonment) of the court below is too unreasonable.
B. The Prosecutor (Defendant B)’s sentence is too unhued and unreasonable.
2. Determination
A. Defendant A and E’s judgment on the assertion of unfair sentencing is divided into G, F, etc. and carried out 6 vehicles of high-priced level systematically from the Republic of Korea to the foreign country. Defendant E was aware of the distribution structure or harm of an automobile trading company and took part in the removal of 4 vehicles from among them, and the Defendants had the history of being sentenced to criminal punishment on several occasions as well as the history of having been sentenced to suspended sentence of imprisonment for the same crime. In full view of the Defendants’ role and degree of participation in the instant crime, frequency of participation, balance of punishment with the accomplices for whom punishment has become final, and other various sentencing conditions specified in the instant records and arguments, such as the Defendants’ age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., even if considering the circumstances cited by the Defendants in the grounds for appeal, it cannot be deemed unfair that the lower court’s punishment against the Defendants is too unreasonable.
B. In full view of the following: (a) the Defendant participated in the instant crime during the period of repeated offense; (b) the role of the Defendant, the degree of participation and frequency of participation; (c) the Defendant’s criminal records; and the balance of punishment with the already-determined accomplices; and (d) the Defendant’s fault; and (b) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (c) the circumstances after the commission of the crime, etc., the lower court’s punishment against the Defendant is too heavy or unreasonable.
3. Accordingly, the Defendants’ appeal and Defendant B.