특정범죄가중처벌등에관한법률위반(절도)
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
Defendant
B.
1. The decision of the court below against the defendants in the summary of the grounds for appeal (the defendant A: imprisonment of 8 months and the imprisonment of 1 year) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the above defendant A, prior to the judgment on the grounds for appeal by the above defendant's ex officio, the court below sentenced the above defendant to a discretionary mitigation, and sentenced the above defendant to a prison term of eight months. The statutory punishment for habitual special larceny is imprisonment with prison labor for not less than one year and six months but not more than 15 years. Even if mitigation is made in this context, the scope of the prison term is not less than nine months but not more than seven years and six months. Accordingly, the court below erred in the misapprehension of the judgment by sentenced the above defendant to a punishment outside the scope of the prison term, which affected the conclusion of the judgment. Accordingly, the part of the judgment below against the above defendant cannot be maintained.
B. Even when considering the fact that the defendant alleged unfair sentencing of the defendant B made a confession and reflects on each of the crimes of this case, there is no other penalty power except for the past juvenile protective disposition and fine once punishment, and some victims have reached an agreement with the victim during the trial, each of the crimes of this case is deemed to have been committed by the above defendant A, G, etc., and the nature of the crime is not high in light of the method of the crime, the amount of damage, the frequency of the crime, etc., and it seems that the damage recovery was not made to a large number of victims up to the trial, and the above defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is too too unreasonable, and the above defendant's assertion is not reasonable.
3. Accordingly, the judgment of the court below on the part against Defendant A is reversed ex officio.