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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 (춘천) 2014.04.23 2013노224
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B’s punishment (4 years and six months of imprisonment for each of them) is too unreasonable.

B. Although it is unaware of whether Defendant C was the stolen goods and purchased the steel pipe of this case from Defendant A and B, the lower court found that the intention of acquiring stolen goods was erroneous (in fact mistake), and even if it did not so, the lower court’s punishment (in 10 months of imprisonment and 2 years of suspended execution) is too unreasonable.

(F) Determination; 2. Determination

A. The Defendants recognized all of the instant crimes, committed a mistake in depth, and agreed with the victim AB and P after the judgment of the first instance court was rendered. However, the Defendants were sentenced to a punishment for committing the instant crimes, which led to the Defendants again committed the instant crime during the period of repeated crime, the amount of damage exceeds KRW 100 million, and other various sentencing conditions indicated in the records, such as their age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court cannot be deemed unfair, in view of the following circumstances.

B. (1) Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the determination of the grounds for appeal by Defendant C’s grounds for appeal, it can be sufficiently recognized that the Defendant acquired the steel pipe of this case even though he/she was aware that it was an stolen.

Defendant

B은 수사기관에서부터 제1심 법정에 이르기까지 줄곧 위 철재 파이프의 매매와 관련하여 피고인 A과 피고인 C가 사전에 대화를 나눴다고 진술하였고, 피고인 A은 수사기관에서부터 제1심 법정에 이르기까지 줄곧 피고인 C에게 위 철재 파이프는 공사 현장에서 빼돌린 물건이라고 말했다고 진술하였으며, 당심 법정에서는 증인으로서 선서한 후 2013. 3. 17.경부터 2013. 5. 7.경까지 8회에 걸쳐 조립식 틀비계, 속칭 아시바를 피고인 C에게 판매하면서 그때마다...

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