특수절도
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for 6 months, Defendant B shall be punished by imprisonment for a crime set forth in the judgment of the court below.
1. The summary of the grounds for appeal is too unreasonable that each of the punishments imposed by the court below on the defendants [Defendant A: 8 months of imprisonment; 1 year of imprisonment and 6 months of imprisonment (2 years of suspended execution)] is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendants’ authority is made, if the Defendants consider the fact that the Defendants are the disabled of class 2 of each intellectual disability, and the Defendants’ intentions and language ability to confirm in the court of the first instance, the confession made by the Defendants at the court of the original instance is difficult to have credibility. Accordingly, this court revoked the judgment of the court below that the Defendants decided to make a confession at the court of the second trial pursuant to a simplified procedure on the grounds that the confessions at the court of the original instance cannot be reliable on the date of the second trial, and newly examined evidence, so the judgment of the court below
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and the following is again decided after pleading, without examining the defendants' unfair argument of sentencing.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the first head of the facts charged. The Defendants, as the disabled of class 2 with intellectual disability, had weak ability to discern things or make decisions at the time of each of the following crimes.
Except for the addition of “the pertinent column of the lower judgment,” it is identical to each corresponding column of the lower judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendant A of the pertinent legal provisions pertaining to the crime: Article 331(2) and Article 331(1) B of the Criminal Act; Article 331(2) and Article 331(1) of the Criminal Act (special larceny) and Article 330 of the Criminal Act (a larceny at night)
2. Defendants to be legally mitigated: Articles 10(2) and 55(1)3 of the Criminal Act (the evidence duly adopted and examined by the court below, and the Defendants’ language and intent ability in the appellate court).