절도미수등
All the judgment below is reversed.
Defendant
A shall be punished by imprisonment of one year and two months, and by imprisonment of one year and eight months, respectively.
1. Summary of grounds for appeal;
A. Each sentence (Defendant A: Imprisonment with prison labor for one year and six months, and Defendant B: imprisonment with prison labor for two years) declared by the court below to the Defendants is too unreasonable.
B. The above punishment, which the court below decided against the Defendants, is too unhued and unfair.
2. We examine both the Defendants and the Prosecutor’s respective arguments.
The crime of this case was committed by the Defendants, who misrepresented with a public institution, let the elderly victim FF withdraw a large amount of cash and keep it in the house, and Defendant A had the victim take cash out of the house, and delivered it to the accomplice through Defendant B, and there is a large amount of social harm. The crime of Bosing is committed “ Bosing” in this case. The crime of this case is committed systematically, planned, and intelligently, and even if a subordinate member who took part in part in the part of the crime is unable to arrest the entire organization, it is necessary to severely punish the Defendants. In the case of Defendant B, the crime of this case is committed because it was not much much much time to enter the country, and it is disadvantageous to the Defendants.
However, the defendants appear to have recognized the crime of this case when they were in the trial, and there seems to be against the wrongness. Defendant A was charged with collecting cash, Defendant B was not in the position to take the overall lead of the crime of this case by serving as the responsibility for cash delivery, Defendant B was arrested at the scene at the time of the crime of this case, and the police officer called up with the victim's report at the time of the crime of this case was attempted to commit the crime of this case. The crime of this case appears to have never been actually acquired by the defendants due to the crime of this case. Defendant A cooperation with the police so that the defendants can arrest Defendant B after arrest as above. Defendant A deposited KRW 5 million at the trial of the party, and Defendant B deposited money for the victim, and the defendants still up to the point.