특수절도등
Defendant
All appeals filed by B and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to Defendant B (one year and six months of imprisonment with prison labor, and one year of short term) is too unreasonable.
B. Each sentence sentenced by the lower court to the Defendants (i.e., Defendant A: 10 months of imprisonment, 2 years of probation, surveillance of protection, community service order 120 hours, 2. Defendant B: the same applies to the above) is too unfluent and unfair.
2. Determination
A. Considering that there is no particular change in the sentencing conditions compared with the lower court’s partial examination of Defendant A, and there is no change in the sentencing conditions, and considering the various sentencing conditions shown in the records and arguments of this case, the lower court’s sentence imposed on Defendant A is not unfair, and thus, the prosecutor’s above assertion
B. The part against Defendant B is a juvenile, and the fact that Defendant B led to the confession of each of the instant crimes and reflects his mistake is favorable.
On the other hand, Defendant B did not agree with the victims up to the trial of the party, and Defendant B was able to receive juvenile protective disposition for the same kind of crime.
In addition, if there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the judgment below, comprehensively considering various sentencing conditions that were shown in the records and arguments of this case, such as the background of each crime of this case, the circumstances after the crime, and the environment of Defendant B, etc., the court below does not seem to be too heavy or unreasonable since the sentence imposed on Defendant B is too heavy. Thus, the above assertion by Defendant B and the prosecutor is without merit.
3. As such, the appeal by Defendant B and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.