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(영문) 대구지방법원 2016.06.29 2016노1265
특수절도
Text

All appeals by the Defendants are dismissed.

Defendants are jointly liable to compensate 22,267,421 won.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, and one year and six months of imprisonment) against the Defendants on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. Defendant A recognizes all of the crimes of this case, reflects their depth, and did not have any record of punishment for the same kind of crime.

In addition, the defendant A does not seem to have a lot of personal gains due to each of the crimes in this case, and the family members of the defendant A appeal against the defendant A's prior action.

However, each of the crimes of this case is planned and organized against many and unspecified persons, especially older persons, by committing Bosing, and its total sum of damages exceeds KRW 64 million.

In addition, Defendant A did not reach an agreement with the victims up to the time of the trial, and did not make any effort to recover from damage.

In addition, considering the fact that there is no change in the conditions of sentencing compared to the original judgment because new sentencing data have not been submitted at the trial of the party, and considering the following circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

B. Defendant B recognized the crime of this case and is in depth against its depth, and there is no record of criminal punishment in Korea.

In addition, there are not many benefits that Defendant B acquired individually due to the instant crime, and Defendant B’s mother appeals against Defendant B’s prior wife.

However, the crime of this case was committed on a planned and organized basis against many unspecified persons, especially senior citizens, and the amount of damage is not much specified, and it is very difficult to recover damage by delivering the stolen amount after the crime to the lighting staff, etc.

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