특수절도등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. Summary of grounds for appeal;
A. Each sentence (Defendant A: Imprisonment with prison labor for 1 year and Defendant B: imprisonment for 8 months) declared by the court below to the Defendants is too unreasonable.
B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.
2. Determination:
A. The above Defendant A recognized all of the crimes, and there is a past record of suspension of execution and punishment seven times for larceny, etc. (five times of suspension of execution and five times of punishment). On January 28, 2015, the above Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on the one-year grace period, but he was not familiar with the two-year grace period, and started to commit larceny. Each of the crimes of this case was committed by the above Defendant, who stolen the victims’ property, transported the victims by vehicle, etc., and went away from the scene without a license. The above Defendant continued to commit these crimes several times from the time of the crime of larceny under the above suspension of execution and continued to commit these crimes. Each of the crimes of this case was committed seven times more than 15 million won in total, damage amount, damage amount was not recovered, the age of the Defendant was not recovered, circumstances surrounding the crime of this case, and circumstances surrounding the crime of this case, or circumstances surrounding the crime of this case, etc.
B. The above Defendant B committed the larceny in spite of the fact that the above Defendant had been punished three times for special larceny (two times of suspension of execution, and one sentence of punishment). In particular, each of the larceny crimes committed together with Defendant A, as in each of the instant larceny crimes, and each of the instant larceny crimes was repeated within a short time, and the amount of damage was equivalent to the amount of damage.