특정범죄가중처벌등에관한법률위반(절도)
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Defendants shall be punished by imprisonment.
1. In light of the summary of the grounds for appeal in light of all the sentencing conditions, each sentence (three years of imprisonment, confiscation) against the Defendants of the lower court is too heavy or it is deemed unreasonable against the Defendants A (the prosecutor: the Defendant A).
2. The crime of this case is determined by the following facts: (a) the victim's vehicle from which the defendants had prepared a reproduction number plate was waiting in the vicinity of a financial institution using a large-sized vehicle where the defendants had prepared for the crime of this case; (b) the victim's vehicle was destroyed by the glass window and then stolen or attempted to commit the crime; and (c) the victim's money and valuables are very professional and dangerous; (d) the number of crimes and the amount of damage are considerable; (e) the defendant A was punished by imprisonment with prison labor under the Act on the Number of Same Crimes; (c) the defendant B first proposed the crime of this case; (d) the defendant B prepared the large-sized vehicle used for the crime of this case; and (e) the defendant B committed the crime of this case without being aware of the same power as well as the repeated crime during the period of a repeated crime.
However, the defendants are often divided into and against the defendants' mistakes, the criminal records of the defendant A have long been more than 20 years, and the criminal records of the defendant A have been faithfully living as licensed real estate agents, etc. The criminal records of the defendant B are not the same as this case in violation of the Immigration Control Act, and some of the damaged goods have been returned to the victims. The defendant A agreed to the victim P and E at the court of original instance, and the defendant B agreed to the victim P and E at the court of original instance. The defendant B appears to have made efforts to recover damages, such as the defendant's age, character and conduct, environment, circumstances after the crime and circumstances after the crime, etc., and all the sentencing conditions stated in the records and arguments of this case, including the records and arguments of this case, shall be considered.