특정범죄가중처벌등에관한법률위반(절도)등
The judgment below
Among them, parts of the defendants except compensation order shall be reversed.
Defendant
A shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. Defendant A’s imprisonment (two years of imprisonment and fine of three million won) is too unreasonable.
B. Defendant B (1) The Defendant was in a state of mental and physical disability caused by the military escape wall at the time of committing the instant larceny. (2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. In light of the background leading up to the instant thief crime, the means and method of committing the instant thief, Defendant B’s behavior before and after the commission of the crime, Defendant B’s investigative agency and the court’s attitude and content of the statement, and Defendant B’s criminal record, etc., it cannot be deemed that Defendant B did not have a lack of ability to discern things or make decisions due to the military wall at the time of committing the instant thief.
B. The Defendant’s crime of larceny in this case was committed by habitually combining the Defendants on three occasions, and attempted to steal or steal 3030,000 won in the same way on three occasions, and it was not good in light of the Act on the Aggravated Punishment, etc. of Specific Crimes and the amount of theft. Defendant A was punished several times as a special larceny or a violation of the Road Traffic Act (unlicensed driving). In particular, on November 1, 2012, the court sentenced the Defendant to one year of imprisonment with prison labor for special larceny, etc., and committed the same crime in the same manner during the period of repeated crimes even after the execution of the above punishment was completed on February 14, 2013. Defendant B had the record of receiving juvenile protective disposition several times as a larceny, and Defendant B was sentenced to imprisonment with prison labor for a period of more than two years on August 7, 2013, and Defendant A was found to have committed the same offense as the above Defendants committed the crime in this case during the period of suspended execution.