특수절도
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence (10 months of imprisonment with prison labor for Defendant A, and 6 months of imprisonment with prison labor for Defendant B) declared by the court below is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The Defendants recognized their mistakes and divided in depth, Defendant A had the same criminal records once, but around 1986, Defendant B did not have the same criminal records, and the form of participation is passive, such as viewing the network in the course of the instant crime, and the Defendants did not receive regular education and lack of intellectual ability are favorable circumstances for the Defendants.
On the other hand, the crime of this case committed by the Defendants in collusion two times in advance by using a vehicle at night, and the nature of the crime is not good in light of the frequency of the crime and the method of the crime. The amount of damage to the crime of this case is relatively large, the damage is not recovered, the Defendants reverse the statements on the existence and identity of the accomplice, and the statements are inconsistent with those of the Defendants.
In addition, comprehensively taking account of the following factors: the Defendants’ age, character and conduct, environment, motive, means and method of committing the crime, circumstances after committing the crime, etc. as indicated in the instant pleadings, and the sentence imposed by the lower court is determined within the applicable sentences of six to seven months, and six months, which have been mitigated, after the sentence imposed by the lower court was aggravated, it is not recognized that the sentence imposed by the Defendants is too heavy or unreasonable.
Therefore, the Defendants and the Prosecutor’s argument cannot be accepted in entirety.
3. In conclusion, since the appeal by the Defendants and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.