특수건조물침입
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is that each sentence of the lower court against the Defendants (each of the Defendants’ imprisonment with prison labor for April, a suspended sentence of one year, and a 80-hour community service) is too unreasonable.
2. Circumstances favorable to the Defendants are as follows.
Defendants recognize and oppose the instant crime.
Defendant
A and C are primary offenders who have no record of punishment, and Defendant B also has no record of punishment except for those who have been punished once for traffic crimes.
The circumstances unfavorable to the Defendants are as follows.
The instant crime was committed at night by a large number of not less than 19 persons, including the Defendants, to open a door, to attract victims by intrusioning on the structure, and in the process, Defendant C was inflicted an injury on the victim A, and it is not good that the crime was committed in light of the circumstances, method, etc. of the instant crime.
The Defendants did not agree with the victims, and the victims want to punish them.
In addition to the above circumstances, taking into account the Defendants’ character, conduct, career, environment, background and consequence of the commission of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the crime, the lower court’s punishment against the Defendants cannot be deemed to be unduly unfair.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.