특수절도
All the judgment below against the Defendants is reversed.
Defendant
A and B shall be punished by imprisonment with prison labor for two years, and Defendant C.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendants to each punishment (two years and six years and six months of imprisonment, and one year of imprisonment) is too unreasonable.
2. The amount of damage caused by the instant crime reaches a total of KRW 660 million, and the amount of damage caused by the Defendant C’s participation reaches a total of KRW 170 million, and the amount of damage caused by the instant crime reaches a considerable amount of KRW 170 million, the damage was not recovered, and the fact that the Defendants did not receive a letter from the injured party is disadvantageous to the Defendants.
However, in order to recover from damage, Defendant A paid KRW 15 million to Defendant B, Defendant B paid KRW 3 million to Defendant C, Defendant C deposited KRW 3 million in the trial, Defendant C deposited additional KRW 7 million in the trial, Defendant C led to a confession and reflect in the trial before reporting to the police, Defendant A and B led to a confession and reflect of all the crimes to the victim’s investigation before reporting to the police, and Defendant A did not have any criminal history, and Defendant B and C did not have any criminal history or the same criminal history.
In light of the above circumstances, comprehensively taking into account all the sentencing conditions as shown in the instant pleadings, such as the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime, etc., the sentence imposed by the lower court against the Defendants is too unreasonable.
Therefore, the defendants' arguments are justified.
3. In conclusion, the judgment of the court below against the Defendants is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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