특정범죄가중처벌등에관한법률위반(절도)
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not less than two years and six months.
seizure.
1. The summary of the grounds for appeal dismissed the assertion of mistake of facts on the date of the first trial of the court of first instance.
The defendants asserted that the punishment of the court below against the defendants (the defendant A: imprisonment of 2 years and 6 months, confiscation, defendant B: imprisonment of 3 years and confiscation) is too unreasonable, and the prosecutor asserts that the above punishment against the defendants is too uneasible and unfair.
2. Determination
A. As the stolen goods seized ex officio against Defendant A, the reason for return to the victim is clear shall be sentenced to a judgment (Article 33(1) of the Criminal Procedure Act), and according to the evidence duly adopted and investigated by the court below, 27 YYYYYY (No. 551, No. 39 of the Republic of Korea Office in the District Public Prosecutor's Office, 2014, No. 551 of the year, No. 2014, No. 551 of the year, and No. 39 of the year) are recognized as stolen goods, so the court below should have sentenced the above confiscated goods to return to the victim by judgment, but the court below committed an error of forfeiture of the seized goods from Defendant A, and such illegality affected the judgment, and in this regard, the part against Defendant A among the judgment below was no longer maintained.
B. As to the assertion of unfair sentencing on Defendant B, Defendant B’s error is divided, Defendant B’s dependent family members, victim Z and Y’s criminal damage appears to have been recovered, Defendant B had the record of criminal punishment for each of the three years and six years and six months of imprisonment in 2005 with prison labor in 2005, with prison labor in 3 years and six months in 2006, and in 209, with prison labor in 209. The instant crime was committed on August 31, 201 that Defendant B completed the execution of the punishment for the same kind of crime and committed during the repeated crime period. The frequency of the instant crime was 21 times, and the frequency of the instant crime was 21 times, and the correction device was destroyed by damage to the correction device.