특수절도
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and eight months.
Defendant
B, .
1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment each) is too unreasonable.
2. It is recognized that the Defendants were aware of the crime of this case; Defendant B’s agreement with the victim during the judgment of the court below, and the victim did not want the punishment of Defendant B; and the victim was partly recovered from the damage.
However, the Defendants planned to commit the instant crime by mutual conspiracy, and shared the same, and led to the commission of the instant crime. However, according to the circumstances such as the fact that the applicable law was very organized, planned, and criminal quality bad, the degree of damage is considerably large, and the damage was not recovered properly, the Defendants were punished several times for the same crime, and the instant crime was committed during the repeated crime period, it is reasonable to impose severe punishment on the Defendants.
However, Defendant A did not directly commit the larceny at the site. However, there is also need to take account of the following: (a) the degree of participation in the larceny seems to be unfasible compared to Defendant B and C; and (b) the victim’s partial recovery of damage was made in the first instance; and (c) the victim expressed his/her intention not to want the punishment of Defendant A.
Comprehensively taking account of the following circumstances and the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, there are no special changes in the sentencing conditions indicated in the records, such as the circumstances after the commission of the crime, and in the case of Defendant B and C, each punishment against Defendant B and C cannot be deemed unfair because it is too unreasonable, but the punishment against Defendant A is somewhat unreasonable.
3. As such, the part of the judgment below against Defendant A among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the appeal against Defendant B and C is with merit.