야간건조물침입절도교사등
1. The part of the judgment of the court below against the Defendants A and B is reversed.
Defendants shall be sentenced to six months of imprisonment.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s each sentence against the Defendants (defendant A and B: six months of imprisonment, and Defendant D’s imprisonment with prison labor for one year, two years of suspended execution, observation of protection, and community service work, are too heavy.
2. Determination
A. The criminal liability of Defendants A and B, such as aiding and abetting the commission of a crime and arranging or transporting stolen goods therefrom, is not easy.
① However, the Defendants led to confession and reflect on the instant crime.
② There is no record of criminal punishment exceeding a fine.
③ The Defendants agreed with the victim in the first instance, and the victim does not want to punish the Defendants.
In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.
B. In full view of all the circumstances indicated in the arguments and records of the instant case including the unfavorable circumstances (such as the amount of stolen goods and the significant number of juvenile protective disposition records) presented by the lower court on the grounds of sentencing, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in light of the following: (a) the Defendant’s age character and intelligence environment; (b) motive means of crime; and (c) the circumstances after the crime.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.
3. In conclusion, Defendant D’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition. Since Defendant A and B’s appeal are with merit, each of the appeals is reversed under Article 364(6) of the Criminal Procedure Act, the part of the judgment below against Defendant A and B among the judgment below is reversed, and it is again decided as follows.
[Judgment] Criminal facts and evidence.