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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.09.22 2017노4254
특수절도
Text

All appeals filed by the prosecutor against the Defendants and the appeals filed by the Defendants A and C are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence (unfair sentencing) that the court below sentenced the Defendants (one and half years of imprisonment; one year and two months of confiscation; one year and two months of confiscation; one year of imprisonment; eight years of suspended execution; two years of probation; two years of community service order, and 40 hours of community service order) is too uneased and unfair.

B. The punishment sentenced by the lower court to Defendant A and C is too unreasonable.

2. Determination

A. The crime of this case committed by the prosecutor and the defendant A with respect to the illegal assertion of sentencing by the victim company of this case constitutes a disguised employment or unauthorized intrusion upon the victim company, thereby changing the ID to the domestic main camera, which is very poor in the quality of the crime. The method of crime is also planned and organized. The criminal act of this case consists of repeated crimes of this case, and the number of pages that the defendants stolen is over 200, and the defendant A led to the crime.

그러나 위 피고인이 공범들이 체포된 후 자수하였고 반성하는 점, 피해자 주식회사 앙츠로부터 용서 받고 합의한 점, 당 심에 이르러 피해자 주식회사 쉥 커 코리아를 위하여 공탁한 점, 위 피고인이 초범인 점 등은 유리한 정상이다.

In full view of the above circumstances and the above defendant's age, sex, environment, motive, means, and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, the sentence imposed by the court below against the above defendant shall not be deemed too weak or unreasonable.

Therefore, prosecutor's and the defendant's assertion are without merit.

B. The instant crime committed by the prosecutor and the Defendant C with regard to the wrongful assertion of sentencing was committed by intrusion upon the victim company without permission, theft of the phone camera, and then the crime was changed to a medium Korean camera. The nature of the crime is very poor, and the method of the crime is planned and organized. The instant crime was committed repeatedly, and the Defendants stolen.

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