특수절도등
The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A Imprisonment with prison labor of one year and four months, and Defendant B.
1. The summary of the grounds for appeal (unfair form of punishment) is unreasonable in light of the following: (a) the Defendants both recognize the instant crime and are going to not refuse to commit the instant crime; (b) Defendant A and C are trying to agree on and reimburse the victims of damage; (c) Defendant B’s attempt to perform military service by entering the military upon release from the military with the instant case’s response; (d) Defendant B paid damages to all victims and agreed to the victims; and (e) Defendant B was trying to faithfully and faithfully concentrate on academic studies at the university in March of the pertinent year; and (e) the sentence imposed by the lower court (one year and six months of imprisonment with labor for Defendant A; one year and one year imprisonment with labor for Defendant B; and eight months) is too unreasonable.
2. Determination
A. As to the grounds for appeal by Defendant A, Defendant A committed the instant crime during the period of suspended execution that he/she received for the same kind of crime, the fact that Defendant A was sentenced to suspended execution, including juvenile protective disposition several times for the same kind of crime, and that Defendant A committed the crime several times during the short period of time, and that Defendant A did not receive any agreement without recovering damage to most victims, is an unfavorable circumstance in sentencing.
However, it is judged that the punishment imposed by the court below is inappropriate in view of the above defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as the circumstances after the crime is committed, since the above defendant's attachment agreed with four victims, the above defendant's attachment is leading of the above defendant, and the above defendant's entrance into the military after the execution of the sentence of this case has fulfilled his duty of military service in good faith.
The above defendant's assertion of unfair sentencing is justified.
B. Defendant B also committed the instant crime during the period of suspended execution, which was subject to the same kind of crime, and was punished by a fine.