특수절도등
The part of the judgment of the court below against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for five years.
Defendant .
1. Summary of grounds for appeal;
A. Each punishment of Defendant A (the first instance court: 4 years of imprisonment, the second instance court’s imprisonment, the second instance court’s imprisonment) by Defendant A is too unreasonable.
B. The prosecutor (Defendant BS, BT, BU, and BV) of the lower court’s second sentence (Defendant BS: imprisonment of one and half years, three years of suspended execution, two years of probation, two years of probation, Defendant BT, three years of suspended execution, three years of probation, two years of probation, and 200 hours of community service) is too uneasible.
2. Prior to the judgment on the grounds of appeal by Defendant A’s ex officio, the judgment of the first instance court and the judgment of the second instance against Defendant A rendered each of the judgment below and the judgment of the second instance against Defendant A brought an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The first and the second judgment against Defendant A are concurrent offenses under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part against Defendant A among the judgment of the first and second judgment cannot be maintained.
3. The court below's decision on the prosecutor's assertion of unfair sentencing, including the circumstances properly explained in the reasons for sentencing, takes into account the sentencing conditions shown in the argument of this case, such as Defendant BS, BT, BU, and BV's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., and Defendant BS agrees with the victim, Defendant BT, BU, and BV's primary crime, and there is no particular change in the sentencing conditions in the trial compared with the court below. Thus, the court below's decision on the above Defendants cannot be deemed unfair since the sentence imposed by the court below is too uneasible. Thus, the prosecutor's assertion of unfair sentencing against
5. In conclusion, each appeal filed by the prosecutor against the defendant BS, BT, BU, and BV is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
In addition, the judgment of the court below against Defendant A is the above.