특수절도등
All of the first and second original judgments shall be reversed.
Defendants shall be punished by imprisonment for one year and six months.
Seized cases. The cases are seized.
1. The summary of the grounds for appeal (e.g., a two-year imprisonment) of the lower court against Defendant A and each of the lower judgment against Defendant B (e.g., a one-year imprisonment and a half-year imprisonment and a half-year imprisonment: the second lower court’s imprisonment: a one-year and six-month imprisonment and eight-month imprisonment) are too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by Defendant B, prior to the judgment on the grounds for appeal by authority, Defendant B filed each appeal against the first and second original judgments, and tried in the trial concurrently. The crimes of Defendant B, the first and second original judgments, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the lower judgment on Defendant B was no longer maintained.
B. Although Defendant A’s judgment on the assertion of unfair sentencing regarding Defendant A’s assertion of unfair sentencing does not have the nature of the crime in that he/she did not know even though he/she had the same criminal history, and committed each of the crimes in this case again, Defendant A’s age and agreed with Defendant A in the original trial, and agreed with the victim H and L in the lower trial, the balance of punishment with Defendant B, the amount of damage, and the personality and conduct, family environment of Defendant A, and other factors of sentencing as shown in the records and arguments, such as the motive, circumstance, means, method, and consequence of the instant crime, such as the circumstances before and after the crime, etc., it is deemed that the sentence of the lower court against Defendant A (two years of imprisonment) is very significant.
3. In conclusion, the appeal by Defendant A is well-grounded, and the judgment of the court of first and second trials is reversed ex officio. Thus, without examining the allegation of unfair sentencing by Defendant B, the judgment of the court of first and second trials is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the evidence and the defendants recognized by this court.