The judgment below

The part against the Defendants is reversed.

Defendant

B Imprisonment with prison labor for not less than five months, Defendant A and C shall be punished.

1. The sentencing of the court below (the sentencing of the defendant B: imprisonment of May, the defendant A, and the defendant C: the fine of 4 million won) is too unreasonable.

2. Determination

A. Defendant A1) The instant crime of acquiring a stolen mobile phone is likely to encourage the commission of the crime related to the larceny or the embezzlement of stolen objects, and since the mobile phone acquired as stolen objects is used again as a large phone, etc., which is likely to cause any other crime, the nature of such crime is not weak. 2) Meanwhile, there are extenuating circumstances, such as the fact that the Defendant has no record of criminal punishment other than juvenile protective disposition at 19 years old, that there is relatively minor damage caused by the instant stolen acquisition crime, and that the Defendant is against the Defendant’s confession while committing the instant crime.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s health, family relations, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.

B. Defendant B 1) committed a theft of 6 mobile phones despite the fact that the Defendant had received juvenile protective disposition due to the same criminal act, and acquired a stolen mobile phone over 21 times. In light of the period, method, and frequency of the crime, etc., the nature of the crime is not easy. 2) On the other hand, the Defendant was a minor at the time of each of the crimes in this case at 19 years old, and the possibility of improving character and behavior is likely to be improved because the Defendant was able to have committed a mistake while making confession of all of the crimes in this case, and it is necessary to consider the future of the Defendant who has yet to be aged, and considering all of the sentencing conditions in this case, such as the Defendant’s health, family relations, living environment, the process and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court

C. Since Defendant C1 obtained a mobile phone and did not return it or committed a theft of a mobile phone repeatedly, Defendant C1 committed such crime.