특수절도등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for one year.
, however, the defendant.
1. The sentence of the lower court (one year and six months of imprisonment, and one year of imprisonment) against the Defendants in the summary of the grounds for appeal is unreasonable.
2. Determination
A. It is recognized that Defendant A had suffered from the thief crime of this case returned temporarily to the victims, that the Defendant recognized all of the crimes and reflected, and that the economic situation of the Defendant is difficult.
However, in light of the frequency and repetition of crimes, means of crime, degree of damage, danger, etc., the crime of this case was committed by intrusion upon an empty house using a tool locked together with B, etc., and was committed four times in total, and thus, it is not unfair for the court below to impose the punishment too too, considering the following factors: (a) the defendant did not agree with the victims; (b) the defendant did not agree with the victims; (c) the defendant had a record of the same crime sentenced to one and a half years of imprisonment with prison labor in the Busan District Court on August 25, 2003 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) by the Busan District Court on August 25, 200; and (d) other circumstances that are conditions for sentencing
Therefore, Defendant A’s assertion is without merit.
B. As seen earlier, it is recognized that Defendant B’s crime of this case is not less complicated in light of the content and frequency of the crime of this case and the degree of damage, and that the case did not agree with the victims.
However, while the Defendant urged the payment of debt to A, he was involved in the crime by A’s solicitation, and the degree of the Defendant’s participation in the crime is relatively minor compared to A; the victim was temporarily returned to the victim; the Defendant recognized and reflected in all of the crime; the Defendant voluntarily surrendered to the investigation agency; the Defendant, as a N religious organization’s believers, has no record of committing the crime other than punishment for the violation of the Military Service Act by refusing military service; and the Defendant is a condition for sentencing, such as the Defendant’s age, environment, family relationship, occupation, etc.