특정범죄가중처벌등에관한법률위반(절도)
All appeals by the Defendants are dismissed.
1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court’s judgment on the ground that there was no submission of new materials of sentencing in the instant case
In addition, the crime of this case was committed habitually by Defendant A, either alone or jointly with Defendant B, and constitutes a repeated offense; Defendant A committed the crime of this case under a manual similar to the previous crime even though there was a history of punishment several times due to the same crime; Defendant A committed the crime of this case; Defendant A did not agree with the victim; Defendant did not take any measures to recover the damage; and the victim wanted to be punished for the severe punishment of the Defendants; and taking into account the sentencing conditions indicated in the records and arguments, even if considering all of the factors of sentencing as favorable to the Defendants among the various sentencing factors of the court below, it cannot be said that the sentence of the court below against the Defendants is excessively excessive and beyond the reasonable scope of discretion.
The Defendants’ assertion that the lower court’s punishment is unreasonable is rejected.
2. Conclusion, the Defendants’ appeal is dismissed on the grounds that it is without merit.