특수절도등
The judgment below
The part of the defendant's case against the defendant A, B, and C shall be reversed.
Defendant
A shall be punished by imprisonment of one year and four months.
1. The summary of the grounds for appeal is too unreasonable that each sentence (Defendant A: 1 year and 6 months of imprisonment; Defendant B: imprisonment with prison labor for one year and 2 months; Defendant C: imprisonment with prison labor for eight months; Defendant E: imprisonment with prison labor for two months and one year and 4 months) declared by the lower court to the Defendants is too unreasonable.
2. Determination of the following facts: (a) the responsibility for each of the crimes of this case is very very very rough; (b) Defendant A has been sentenced to a fine on three occasions due to the same thief crime, etc.; (c) Defendant B has been subject to a juvenile protective disposition on 22 occasions due to one-time punishment by driving under drinking; (d) the same thief crime and the same thief crime and violent crime; and (e) Defendant E has been sentenced to a fine on three occasions through the same thief crime and the same thief, etc.; (c) Defendant E has been sentenced to a penalty and punishment for three times; (d) Defendant E has been subject to a juvenile protective disposition on 12 occasions; (e) most of the crimes of this case repeatedly committed without being aware of the same type of larceny and unlicensed driving; (e) the total amount of damage is more than KRW 4 million in case of Defendant A; and (e) Defendant E is more than KRW 35 million in case of Defendant E; and (e) the damage is not recovered from the victim.
However, the Defendants’ mistakes are divided, and Defendant C did not have any other criminal history except that sentenced to a fine of KRW 300,000 due to the violation of the Food Sanitation Act in 2017; Defendant C voluntarily surrendered to the investigation agency; Defendant A agreed with Q and AM among the thief victims; Defendant B agreed with Q and Y among the victims of larceny; Defendant C agreed with Q and Y among the victims of larceny; Defendant C agreed with Q and Y among the victims of larceny; Defendant C reached an agreement with Q and Q among the victims of larceny; and other conditions of all the sentencing indicated in the argument of the instant case, such as the Defendants’ age, sex, environment, motive, means and consequence of each of the instant crimes; and the circumstances after the crime, etc., are considered.