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(영문) 제주지방법원 2013.11.21 2013노257
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below against the defendants (the defendant A: 3 years of probation, probation, community service, 300 hours of probation, defendant B: 1 year of probation, 2 years of probation, probation, community service, 80 hours of probation, 2 years of probation, 80 hours of probation, 1 year and 1 year of probation, 2 years of probation, 1 year and 1 year of probation, 2 years of probation, 120 hours of community service, 2 years of probation, 1 year of probation) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. In this case, the court below's punishment against the Defendants is appropriate in full view of the following factors: (a) the Defendants, who are employees or their family members, who have a duty to faithfully work on the basis of trust, committed a theft of the goods of the victim, thereby causing considerable mental impulses to the victim; (b) the nature of the crime is not good; (c) the Defendants did not agree with the victim; (d) the Defendants, other than those who have been sentenced once to a fine, did not have any particular criminal power; and (e) Defendant A deposited KRW 20 million with the victim; and (e) other factors of sentencing indicated in the records, including the Defendants' age, character and conduct, family environment, etc.

3. In conclusion, according to Article 364(4) of the Criminal Procedure Act, all appeals filed by the Defendants and the Prosecutor are dismissed. It is so decided as per Disposition.

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