The judgment below

The part against the Defendants is reversed in entirety.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months and by imprisonment for Defendant B.

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court against the Defendants (e.g., Defendant A: imprisonment of 10 months, Defendant B: imprisonment of 8 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the statutory punishment for each of the crimes of special larceny and special larceny as indicated in the judgment of the court below is “a punishment for not less than one year but not more than ten years” under Article 31(2) and (1) of the Criminal Act. Thus, in order for the Defendants to be sentenced to a punishment of less than one year, the court below shall render discretionary mitigation in accordance with Articles 53 and 55(1)3 of the Criminal Act. The court below erred by misapprehending the minimum statutory punishment by omitting discretionary mitigation in the application of the statutes, while sentencing 10 months to Defendant A and 8 months to Defendant B, respectively.

Therefore, the part of the judgment of the court below against the Defendants cannot be maintained any more.

3. The part of the judgment of the court below against the Defendants on the grounds of the above ex officio reversal. Thus, without examining the Defendants’ respective arguments on unfair sentencing, the part against the Defendants in the judgment of the court below under Article 364(2) of the Criminal Procedure Act shall be reversed, and the following decision shall be rendered through pleading

【Reason used again for the defendant】 The criminal facts and summary of evidence recognized by this court are as stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendant A of the pertinent legal provision on criminal facts: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 362(1) of the Criminal Act (the point of keeping stolen goods), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 2(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 331(2) of the Criminal Act.