Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
Reasons
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The court below held that the defendant and the co-defendants of the court below, using the fact that the crime at sea is not easily discovered, theft of the material by repeatedly destroying the material of another person's knife in operation, and then throw the material into the sea, and the crime is very serious. ② The defendant and the co-defendants of the court below did not reach an agreement with the victims. ② The defendant and the co-defendants of the court below also did not reflect their own crimes, and they suffered damage to other fishing vessel crew members rather than reflect their own crimes. ③ In particular, the defendant are those who have the authority to decide to flife what kind of material in actual operation and give the other co-defendants of the court below and D with the power of the court below, taking into account the fact that the crime at issue was committed each of the crimes of this case, and thus, the defendant and the co-defendants of the court below ordered the other co-defendants of the court below to take into account the circumstances that the crime is particularly serious, and the defendant and the co-defendants of the court below made a total deposit or effort to recover the victim.
However, in full view of the favorable circumstances, such as the fact that the Defendant deposited the victims after the sentence of the lower judgment, and that the Defendant has no record of the same kind of punishment or of the fine or heavier punishment, and other conditions of sentencing, including the Defendant’s age, character and conduct, environment, background and consequence of the commission of the crime, means and consequence, the scale of the crime, and circumstances after the crime, the sentence of the lower court is without merit.