특정범죄가중처벌등에관한법률위반(절도)
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal that the court below sentenced the Defendants (two years of imprisonment with prison labor for the Defendants A, and one year and six months of imprisonment with prison labor for the Defendants B) is too unreasonable.
2. The Defendants, who led to the confession of the instant crime, reflects the mistake, etc. are favorable to the Defendants.
However, the crime of this case is not suitable for the nature of the crime, which is planned to be committed in advance and to prepare tools in advance. The Defendants had the record of criminal punishment several times due to the same kind of crime. In particular, Defendant A committed the crime of this case under the lead of without being among the persons in spite of a repeated crime due to the same kind of crime, even though the amount of damage was not significant, the damage was not recovered and the victim did not agree with the victim, and other circumstances, which are the conditions for sentencing specified in the argument of this case, such as the defendants' age, character and behavior, environment, motive for the crime, circumstances after the crime, and criminal records, are considered as inappropriate to the extent that the court below's punishment is too excessive to escape the reasonable scope of discretion.
Therefore, the Defendants’ assertion is without merit.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.