특수절도등
All appeals by the Defendants are dismissed.
1. The decision of the court below (for defendant A, four years of imprisonment, confiscation, and defendant B, five years of imprisonment) is too unreasonable.
2. Determination
A. The sentencing guidelines established by the sentencing committee based on Articles 81-2 and 81-6 of the Court Organization Act on the basis of sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through “procedures prescribed by the Act” and “public disclosure”. Judges shall respect the selection of the types of punishment and the determination of the sentencing (see Articles 81-2 through 81-12 of the Court Organization Act). The court shall enter the reasons for sentencing in a way that clearly expresses the relevant sentencing grounds in light of the sentencing guidelines and the effect of the sentencing guidelines (see, e.g., Supreme Court Decision 201Do7410, Dec. 9, 201). The sentencing guidelines established by the sentencing committee on the basis of “special larceny” (see, e.g., Supreme Court Decision 201Do7410, Apr. 6, 201) / [the scope of imprisonment with prison labor for a specific larceny offender who infringes on general property]. The sentencing guidelines for six months or more].