특정범죄가중처벌등에관한법률위반(절도)등
The judgment below
The guilty part and the part cited by the application for compensation shall be reversed.
Defendant
A shall be punished by imprisonment of one year and two months.
1. Summary of grounds for appeal;
A. Defendant A’s imprisonment (long-term one year and six months, short-term one year and two months) is too unreasonable.
B. Defendant B’s imprisonment (long-term one year and two months, and short-term ten months) is too unreasonable.
2. The Defendants committed the thief in this case despite the past record of juvenile protective disposition due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the larceny. Defendant A committed the thief in nine times, Defendant B committed the thief in six times, and Defendant A committed the thief in particular, such as committing the thief in driving a stolen vehicle without a driver’s license, and there is no agreement with some victims of the instant crime.
However, Defendant A’s agreement with the victim N and E was reached in the trial, among the thalthothy damage of the theft crime of this case, the automobiles and balthophones were recovered at the investigation stage and returned temporarily to some victims. The Defendants did not have any record of criminal punishment other than juvenile protective disposition; the Defendants are detained for about five months, and the Defendants are still detained for about five months, and the Defendants still seem to have relatively high possibility of improvement and edification.
In addition to this point, in full view of various circumstances such as the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, the sentence against the Defendants is too unreasonable.
Therefore, the above assertion by the Defendants is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.
Criminal facts
The Court shall have jurisdiction over the summary of the evidence and evidence.