특정범죄가중처벌등에관한법률위반(절도)
The defendants' appeal is dismissed.
1. The summary of the grounds for appeal (the defendant A: imprisonment of one year and six months, and the defendant B: imprisonment of eight months) declared by the court below is too unreasonable.
2. In light of the fact that the Defendants made a statement that they led to the confession and reflect of each of the crimes of this case, Defendant B had no record of punishment except that they were punished twice for the crimes of this case, the Defendants appears to have committed each of the crimes of this case for the purpose of preparing living expenses, and some of the damaged items are deemed to have been temporarily returned, etc., and there are favorable circumstances for the Defendants.
On the other hand, there are only one kind of force to Defendant A, and there are two criminal convictions who have been sentenced to a suspended sentence or heavier punishment for the same and a different kind of crime, the Defendants jointly stolen the leg rail and lids which are owned by many local governments, such as the Republic of Korea or Yang-si, and thereby causing danger to traffic, etc., each of the crimes of this case is bad, and each of the crimes of this case has reached 18 times, and the amount of damage has reached 62 million won, and the damage amount is considerably high, and the defendants A is recognized to have a habit of larceny, and the defendants have never made every effort to recover from damage.
The above circumstances and the court below sentenced Defendant A, who was sentenced to imprisonment with prison labor and one year and six months which is the lowest punishment under the law, after discretionary mitigation, no more mitigated punishment is imposed. In addition, considering the Defendants’ share of crimes and the degree of distribution of criminal proceeds as indicated in the argument in this case, the Defendants’ age, character and conduct, intelligence and environment, the circumstances, means and results of each of the crimes in this case, the circumstances after the crime, the victims’ relationship, criminal record relation, and family relation, the sentence imposed by the court below to the Defendants is appropriate and unreasonable. Thus, the Defendants’ assertion is without merit.