특수절도등
Of the judgment of the first instance, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than three years and six months.
Defendant
A.
1. The summary of the grounds for appeal that the first instance court sentenced the Defendants (the Defendant A: imprisonment of 8 months and the imprisonment of 4 years) is too unreasonable.
2. Determination
A. Defendant A is recognized as a favorable sentencing factor, such as: (a) Defendant A had been sentenced to criminal punishment for more than ten years since he was sentenced to imprisonment in 1999; (b) there was no fact of being subject to criminal punishment for more than ten years; and (c) there was an agreement with the victims.
However, even though Defendant A has long been punished on several occasions, he/she committed the same kind of crime in spite of the fact that he/she had been punished on seven occasions, including theft crimes, and planned to commit the same crime in advance, such as preparation of past past past stock farms, Defendant B made a false statement in the investigative agency and the court of first instance as if Defendant A was his/her own single criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal criminal
In full view of the aforementioned factors of sentencing, Defendant A’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence sentenced by the first instance court is deemed appropriate, and it cannot be deemed unfair because it is too unreasonable.
Therefore, Defendant A’s above assertion is without merit.
B. Defendant B was sentenced to imprisonment four times with prison labor for the larceny crime, and the execution of the final sentence was completed, and thereafter, Defendant B committed the same kind of larceny crime without being familiar with the repeated crime period, and planned the instant crime, such as preparation for the stock farms, in advance, and accordingly, would be subject to aggravated punishment in investigation agencies and the first instance court.