특수절도
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
except that this judgment.
1. Although Defendant A’s judgment on the assertion of unfair sentencing regarding Defendant A’s assertion of unfair sentencing may not be deemed to be minor, Defendant A’s participation in the instant thief by providing a vehicle to be used for the instant thief, it is the first offender, and the Defendant’s age reflects the instant crime through the prison life for about five months, and in consideration of all the sentencing conditions, including the background, method and method of the instant crime, and degree of damage, etc., the lower court’s punishment (one year of imprisonment) is somewhat heavy.
2. In the case of Defendant E’s judgment on the assertion of unfair sentencing, the degree of participation in the crime is relatively minor, but there was a history of punishment twice for the same crime, and despite the repeated term after the execution of imprisonment for the crime of injury was completed, the participation in the crime of this case and the nature of the crime is not good. In addition, in light of all the sentencing conditions including the Defendant’s character and conduct, the background of the crime of this case, the means and method of the crime of this case, and the circumstances after the crime, the sentence of imprisonment is inevitable, and the lower court’s punishment (six months of imprisonment)
3. Therefore, the part of the judgment of the court below against Defendant A among the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows. Defendant E’s appeal is without merit and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
Criminal facts
The summary of the facts and evidence recognized by this court (defendant A) is identical to the description of each corresponding column of the part against Defendant A among the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Acts and subordinate statutes (Defendant A)
1. Article 331 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is the case.