beta
Text
The judgment below
Of them, the part on Defendant F is reversed.
Defendant
F shall be punished by imprisonment without prison labor for eight months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (for 4 years of imprisonment, 2 years and 6 months of imprisonment, 1 year of imprisonment without prison labor, 2 years of suspended execution, 300 hours of social service) is too unreasonable.
2. Judgment on the grounds for appeal
A. 1) In a case where there is no change in the conditions of sentencing compared to the first instance court of the relevant legal doctrine, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). 2) Defendant A led to the confession of the instant criminal act by Defendant A and violates his depth of his mistake; Defendant deposited KRW 32 million at the lower court for the victim; Defendant’s family members and his/her assistants appeal against the Defendant and the edification of the Defendant are favorable to the Defendant.
However, the crime of this case was committed on more than 300 occasions over a period of two years, and the quality of the crime is very poor in light of the background, frequency and method of the crime, etc., and the criminal intent is very heavy. In particular, the defendant, who independently committed the crime of this case, mobilized other defendants and systematically committed the crime of this case. The degree of participation in the crime of this case seems to be the largest, such as the overall conspiracy of theft, sale of stolen goods, distribution of proceeds from the crime, etc. When the crime of this case was discovered, he tried to reduce the crime by using the reduction in the size of the crime and transactions against the accomplice and stolen goods purchased. The defendant did not reach an agreement with the victim, and did not recover damage therefrom, taking into account all other circumstances, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, the method and result thereof, and the circumstances of sentencing after the crime, etc., the sentence of the court below shall be pronounced.