특수절도등
The remainder of the judgment of the court below excluding the compensation order part against Defendant A and the judgment of the court below.
1. The main point of the grounds for appeal is that the sentence of the lower court (a punishment of one and half years of imprisonment and a fine of 300,000 won, a suspended sentence of imprisonment with labor for three years, a community service order of 120 hours, Defendant B: a fine of 1.5 million won) is too uneased and unreasonable.
2. We examine ex officio prior to the prosecutor's judgment on the grounds for appeal (Defendant B). According to the records, Defendant B was sentenced to eight months of imprisonment on April 23, 2020 by the Incheon District Court on July 18, 2020 and the judgment became final and conclusive on July 18, 2020. Since the crime as stated in the judgment of the court below against Defendant B and the crime of conflict with the above crime are concurrent crimes under the latter part of Article 37 of the Criminal Act, the crime of conflict with the crime as stated in the judgment of the court below is in a concurrent relation under the latter part of Article 39 (1) of the Criminal Act, taking into account equity in the case where the judgment is concurrently made, and whether to exempt the punishment. The court below determined the punishment without considering such circumstances, the part against Defendant B
3. The judgment on the grounds of appeal (defendant A) committed a similar crime again even though Defendant A was punished by a fine for a crime committed several times, taking into account the following circumstances: (a) Defendant A did not recover from a considerable number of victims; (b) Defendant A’s content of each of the crimes of this case committed by Defendant A and method of recovery from damage; and (c) Defendant A interviewed and repeated in a short period; and (d) Defendant A’s age, character and conduct, background and motive leading to the instant crime; (b) records and motive leading to the instant crime; and (c) other various other circumstances that form the conditions of sentencing specified in the instant case’s records and arguments, the lower court’s punishment is deemed unreasonable
Therefore, the prosecutor's argument on unreasonable sentencing is justified.
4. In conclusion, the prosecutor's appeal against the defendant A is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below against the defendant A except for compensation order is reversed, and among the judgment below, the defendant B.