상습특수절도
All appeals by the Defendants are dismissed.
1. The sentencing of the lower court (two and half years of imprisonment with prison labor, and three years of imprisonment with prison labor) on the gist of the grounds of appeal is too unreasonable.
2. Determination
A. The Defendants are both led to the confession of all crimes, and Defendant B commenced a crime for the treatment expenses of the pre-crisoned soldiers, and Defendant A caused the crime in accordance with the above Defendant B’s proposal.
B. Meanwhile, the Defendants may be sentenced to imprisonment with prison labor and a heavier punishment, and in particular, even if they conspired with the instant case for larceny, they committed a crime again during the period of repeated crime after the completion of the execution. The instant crime was habitually committed by theft of property throughout the country, and most victims want to be punished. In light of the fact that most victims want to be punished, it is inevitable to punish the Defendants with severe punishment and sentence.
C. In light of all the sentencing conditions indicated in the instant case, such as the Defendants’ age, family relationship, living environment, details and result of the crime, and circumstances after the crime, the lower court’s sentence is adequate.
3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.