특수절도등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for a year and four months, and Defendant B shall be punished by imprisonment for a year, respectively.
evidence of seizure.
A. Determination of imprisonment with prison labor for each offence of intrusion upon residence
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the Defendants recognized each of the instant offenses; (b) Defendant A is a primary offender who has no record of criminal punishment; (c) Defendant B has no record of criminal punishment in the Republic of Korea; and (d) the Defendants paid KRW 30 million to the victims and agreed in the lower court.
On the other hand, each of the crimes of this case committed each of the following facts: (a) the Defendants conspired to bring cash in the victim’s house under the direction of the accomplice in China; (b) the Defendants did not deliver the stolen cash to the accomplice in China; and (c) the Defendants’ criminal liability is very poor; and (d) the profits acquired by the Defendants (Defendant A20 million won and KRW B6 million) are a large amount of money, which are unfavorable to the Defendants.
Considering the above circumstances and the result of the application of the sentencing guidelines by the Sentencing Commission, the Sentencing Commission shall consider the following circumstances: (a) Types 4 (Special Larceny) (Special Larceny) (Special Larceny) for general property; (b) In the event that the Sentencing Commission systematically shares the mitigated element - source of punishment not to punish the aggravated element - [general Convict] - there is no record of criminal punishment for recovery of damage corresponding to the mitigated element - in a case where two or more aggravated factors are combined [the scope of recommending area] [the scope of recommending area] basic area / [the scope of recommending area] 1 to 2 years and 6 months / Since the sentencing guidelines are not set forth in the former part of Article 37 of the Criminal Act, each sentence against the Defendants shall be determined according to the lower limit of the sentencing range set forth in the sentencing guidelines, taking into account various circumstances that form the conditions of the sentencing set forth in the records and arguments of this case, such as character and conduct of the Defendants, environment, motive, means and consequence after the commission of the crime.