특수절도
The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for six months.
except that this shall not apply.
1. The summary of the grounds for appeal is that each of the original sentence [Defendant A: Imprisonment with prison labor for 6 months and confiscation (Evidence No. 3); imprisonment for 6 months and confiscation (Evidence No. 7); imprisonment for 6 months and confiscation (Evidence No. 7); Defendant D: imprisonment for 6 months and confiscation (Evidence No. 1)] against the Defendants is too unreasonable.
2. The crime of this case was committed by the Defendants in collusion with the accomplices, and the Defendants committed the crime of this case, thereby cutting off 1 kg a 465,05,040 won at the market price owned by the victim. In light of the content of the crime, the liability for the crime is grave, and the Defendants did not agree with the victim, and the circumstances unfavorable to the Defendants are recognized.
However, the defendants led to the confession of the crime of this case and reflects the defendants in depth through their living in custody for a considerable period of time; the profits actually acquired by the defendants are relatively small compared to the size of the crime; the illegality of the act of this case committed by the defendants and the need to maintain balance between punishment; the defendants are the first offender without any previous conviction; the defendants' family members seems to be relatively clear of social ties relation among the defendants, such as the defendants' age, sexual behavior, environment, etc.; and the court below's punishment against the defendants is too unreasonable if considering all circumstances, which form the conditions for sentencing as shown in the arguments of this case, such as the defendants' age, sexual behavior, and environment, were taken into account.
Therefore, the defendants' argument of sentencing is justified.
3. In conclusion, the part of the judgment below against the Defendants among the defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is reversed and it is again decided as follows.
[Judgment of the court below] Summary of facts constituting an offense and evidence / [the defendants] summary of facts constituting an offense and evidence acknowledged by this court is identical to each corresponding column of the court below's judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
[Defendant] Application of Acts and subordinate statutes