beta
Text
The judgment below
The part against the Defendants is reversed.
Defendant
B Imprisonment with prison labor of 10 months, and Defendant C.
Reasons
【Judgment on Grounds for Appeal】
1. The decision of the court below on the summary of the grounds of appeal (the defendant B: imprisonment with prison labor for 10 months, and imprisonment with prison labor for 1 year) is too unreasonable.
2. The crime of this case, which has been acquired by paying the judged mobile phone, may encourage theft and other crimes. The acquired mobile phone may be used for a separate crime by using so-called largephones, etc. The crime of this case is not good in light of the circumstances, methods, results, etc. of the crime of this case, including the fact that the mobile phone acquired by the Defendants who committed repeated crimes over three occasions constituted the crime of this case, and the crime of this case was committed repeatedly three times, and Defendant B planned to commit the crime of this case, such as providing a largephone and providing education in preparation for arrest to those who want to sell the mobile phone which is a theft, and the fact that Defendant C has the history of having been sentenced to suspension of indictment and a fine due to the crime of acquisition of stolen property through occupational negligence.
However, considering the fact that the Defendants were both led to the confession of the crime in this case, there is no criminal record of the same kind as the crime in this case, the Defendants’ mobile phones acquired by the Defendants were stolen and agreed with O and M, Defendant C would be at a disadvantage when the judgment of imprisonment becomes final and conclusive as a Chinese citizen, and the Defendants had the time of self-esteem through a limited amount of imprisonment for six months, and other various circumstances, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court that sentenced to the punishment in this case is unreasonable.
3. As such, the part of the judgment below against the Defendants in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the appeal by the Defendants is again made as follows.