특수절도등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for a term of one year and two months.
Defendant
B.
1. In the case of Defendant B, the lower court rendered a judgment of conviction on the part of the Defendant’s case, and on the part of the attachment order case, the Prosecutor’s request was dismissed, and only the said Defendant appealed. Accordingly, there is no benefit in appeal regarding the part of the attachment order case against the said Defendant.
I would like to say.
Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, which is a provision on the legal fiction of appeal, shall not apply (see Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, Aug. 25, 201; 201Do2010, Aug. 25, 201); therefore, the part regarding the attachment order case against the above Defendant shall not be subject to a second trial. Accordingly, the part regarding the attachment order case against the above Defendant shall be excluded from the scope of the trial of this court.
2. The summary of the grounds for appeal is too unreasonable that the sentence (one and half years of imprisonment with prison labor, one year and one year of imprisonment with prison labor, and two years of imprisonment with prison labor) declared by the court below to the Defendants.
3. Determination
A. As to the Defendant A’s assertion of unfair sentencing, the Defendant committed each of the instant crimes, such as a 10-time special larceny and eight-time fraud (including fraud by use of computers, etc.; hereinafter the same shall apply), from January 19, 2013 to March 4, 2014, each of the instant crimes, including the 10-time special larceny and eight-time fraud (including fraud by use of computers,
However, the Defendant did not have any record of criminal punishment before committing each of the instant crimes, and the Defendant led each of the instant crimes is Defendant B; the Defendant confessions and reflects all of the instant crimes; the Defendant was in the first instance trial, and the victims did not want to be punished by the Defendant under the agreement with the victim AC, AE, AH, and AL; and other sentencing conditions specified in the instant records and arguments, including the background leading the Defendant to each of the instant crimes, circumstances after committing the instant crimes, the Defendant’s age, character, conduct, family relationship, etc., are considered as a whole.