특수절도
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (a year and six months of imprisonment, three years of suspended sentence, two years of probation observation, two years of community service order, 80 hours of community service order, Defendant C: 10 months of suspended sentence, two years of suspended sentence, and Defendant D: Imprisonment with prison labor for six months of suspended sentence, and two years of suspended sentence) is unreasonable.
2. The Criminal Procedure Act of Korea, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, in the instant case, the actual damage of the public prosecution of this case is 40 km in total, and 4-50,00 won per 1 km in the instant case. Although the Defendants did not agree with the victim, Defendant A did not have an aggregate of KRW 5,50,000 for the victim, Defendant D deposited KRW 2,50,000,000 for each of the Defendants, Defendant D deposited money, Defendant D’s initial crime, the victim’s age, the victim’s motive and circumstances before and after the instant crime, and the Defendants’ reasonable means and conditions of the instant crime, etc.
It does not appear.
B. The lower court’s punishment cannot be deemed to be unfair as it is too unfilled, unless there is a new material that was presented in the first instance court.
3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.