A defendant shall be punished by imprisonment for two years.

The court below's decision that did not reduce punishment in accordance with Article 52 (1) of the Criminal Act, because the defendant surrenders himself to investigation agency as to the crime of this case, is erroneous in the misunderstanding of legal principles.

The sentence of unfair sentencing (two years and six months of imprisonment) by the court below is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below on the assertion of legal principles, although the fact that the defendant voluntarily surrendered to an investigative agency is acknowledged as alleged, the court can voluntarily reduce the punishment for the self-denunciation and did not reduce the punishment.

Therefore, it cannot be deemed unlawful.

(See Supreme Court Decision 92Do962 delivered on August 14, 1992, etc.). This part of the Defendant’s assertion is without merit.

The crime of this case on the assertion of unfair sentencing is committed by the Defendant in collusion with C, etc. in a systematic and planned manner, thereby stealing money from the socially weak, and is considerably poor in light of the method of crime, the subject of damage, and the scale of damage. Furthermore, the Defendant has the record of being punished as a crime under several laws similar to the crime of this case, and there is a need to strictly punish the Defendant as committing the crime of this case during the period of repeated offense.

However, the fact that the defendant voluntarily surrenders to the investigation agency the crime of this case, repents the errors, and reflects the depth of the defendant's participation, the degree of participation in the crime seems to be relatively insignificant compared to C, D, and E, the equity with the remaining accomplices, such as C, etc., various conditions of sentencing such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Commission, the theft crime group, the general property, the theft of the general property, the third type of special mitigation, and the self-denunciation/criminal under special mitigation.