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(영문) 수원지방법원 2013.08.13 2013노1201
특수절도등
Text

The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

A Imprisonment with prison labor of three years and six months, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. In light of all the sentencing conditions of Defendant A, B, and D, the lower court’s respective sentences (five years of imprisonment, two years of imprisonment, two years of imprisonment, six months of imprisonment, one year of suspended execution) are too unreasonable.

B. In light of the overall sentencing conditions of the instant case, it is unreasonable for the lower court to have the sentence against Defendant C (one year and six months of imprisonment, three years of suspended execution, and community service order) too uneased.

2. Determination

A. In the crime of this case, among the crimes of this case committed by Defendant A, Defendant A copied the key of the damaged vehicle parked in a distance from Defendant B and C in the process of performing the vehicle brokerage business, and subsequently committed the crime of cutting off the damaged vehicle in total by driving the damaged vehicle along the key, and then replacing the registration number plate of the damaged vehicle. In addition, the crime of embezzlement is very specialized, and the crime of embezzlement was committed by Defendant A, with the content that Defendant A received money from victims as the export price for the vehicle and embezzled the total amount of KRW 470 million,000 by arbitrarily consuming it as the amount of damage caused by each crime, and thus, Defendant A’s punishment is not exempted.

However, in full view of all the sentencing conditions, including the background of the instant crime, circumstances after the instant crime, Defendant A’s age, character and conduct, and environment, the sentence imposed by the lower court is somewhat somewhat, in full view of the following: (a) Defendant A did not have any record of being punished for larceny; (b) Defendant A did not want the punishment of the Defendant under agreement with the AP (AP) from among the victims of embezzlement in the course of investigation; and (c) the damaged vehicle owned by the Z was recovered from the said victims.

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