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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment for one year, and Defendant B for one year.
Reasons
1. As to the summary of the grounds for appeal (e.g., both types of punishment) by the lower court (e.g., one year of imprisonment, one year of confiscation, and one year and six months of imprisonment), the Defendants are excessively unafford, and the prosecutor is deemed to be too unafford and unfair.
2. The crime of this case is to be strictly punished against the Defendants in light of the following: (a) Defendant A, a partner of the victim company, stolen 1920 parts of the vehicle owned by the victim company for six months pursuant to Defendant B’s proposal; (b) Defendant B, who actively instigated the theft and purchased stolen stolen goods from Defendant A; and (c) the nature of the crime is not weak; (d) the number of stolen and stolen goods acquired by the Defendants is reasonable; and (e) the total amount exceeds KRW 19 million.
However, on the other hand, the defendants recognize the crime of this case and reflects the mistake in depth. Defendant A did not have any other criminal records other than the judgment of suspension of sentence around 2014, and Defendant B did not have the record of criminal punishment for the same crime; the court below deposited 43 million won for the victim company in the court below; additionally deposited 1202 out of theft damage (66 million won) in the court below; seized stolen goods from Defendant B from Defendant B to the victim and returned them to the victim company at the investigation stage; in relation to parts which were temporarily returned to the court below, the defendants agreed to pay the victim KRW 2.5 million per month in total for 12 months (in the event that the defendants failed to perform their duties, the above obligation was performed to Defendant B in lieu of Defendant B W), the defendants’ family members were returned to C, and the amount of profit was returned to the defendant's family members, and the amount of profit was returned to the defendant's family members, and the amount of profit was returned to the defendant's family members.