특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for two years and by imprisonment for ten months.
However, the defendant B.
Summary of Grounds for Appeal
Each sentence of the lower court against the Defendants (Defendant A: Imprisonment of 2 years and 6 months, confiscation, and Defendant B: imprisonment of 10 months) is too unreasonable.
Judgment
Defendant
A There are several records that the defendant was punished for the same thief crime, including punishment, and the crime is a crime during the period of repeated crime. The planned and led the crime of this case, and the defendant did not agree with the victim F and G until this court.
However, in light of the following circumstances: (a) the Defendant recognized his mistake; (b) the victim I, H, and J agreed with the Defendant; and (c) the Defendant deposited KRW 5 million for the victim F in this court for the sake of the Victim F; and (d) other factors of sentencing specified in the instant argument, including the background of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age, character and conduct; and (d) other factors of sentencing, the Defendant’s argument is reasonable.
Defendant
B The crime of this case is planned, and the frequency of the crime of this case and the amount of damage are equivalent to KRW 70,000,000,000 in total five times, but the defendant's mistake is recognized; the crime of this case is led by the defendant A, and the degree of the defendant's participation is relatively low; there is no criminal record for about 20 years; the victim G was paid an additional amount of KRW 5,00,000,000 to the victim G in addition to the amount deposited in the court below; it is favorable for all victims to agree with each other; taking full account of the following factors: the fact that there is a good foundation for support by all families; the process of the crime of this case; the circumstances after the crime of this case; the defendant's age, character, and environment; the defendant's argument is unreasonable. Thus, the defendant's argument is justified.
Therefore, the defendants' appeal is justified.