특수절도등
The judgment below
The part of the defendant's case, excluding the compensation order, shall be reversed.
The defendant shall be punished by imprisonment for a maximum term.
1. The summary of the grounds for appeal (long-term 2 years, short-term 1 year and 6 months) of the lower court’s punishment is too unreasonable.
2. The crime of this case is acknowledged as follows: (a) the Defendant took part in the body of the victim, and invaded with the co-defendant B of the court below, and the Defendant took part in the body of the victim; (b) took part in the crime of this case and stolen the victim's 30 million won, which is kept in the air conditioners inside the house; and (c) the nature of the crime is very poor and the responsibility for the crime is very heavy; (d) the crime of Bossing is difficult to regulate the scope of damage; and (e) the damage is very serious to the society because it is not easy to recover the damage; and (e) there is no direct recovery of the damage by the Defendant, and the fact that the Defendant did not receive from the victim.
However, the Defendant recognized the instant crime and against his mistake, and the instant crime was committed on the first time by intrusion, and the Defendant is still a thief; the Defendant is still a juvenile under 17 years of age; the joint Defendant B paid KRW 5 million to the victim; resulting in partial recovery of damage caused by the instant crime; the Defendant’s parents were the first offender; the Defendant was the first offender; the Defendant’s career, sex behavior, environment, motive and background of the crime, means and consequence of the crime; and the sentencing of similar cases, such as the following circumstances, are deemed unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The Criminal Procedure Act applies to the facts constituting a crime and summary of evidence recognized by the court, as stated in each corresponding part of the judgment below.