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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
An appeal by a prosecutor.
Reasons
1. Summary of grounds for appeal;
A. The sentence of Defendant A (10 months of imprisonment) is too heavy.
B. In full view of the following, Defendant E directly shared the act of implementation, such as the installation of satellite navigation devices in vehicles essential for Defendant A, etc. in committing the instant special larceny, Defendant E also conspired to commit the instant special larceny in view of the following: (a) the close relationship between Defendant A and Defendant A, who is an accomplice; and (b) he received a largephone to be used for the instant crime.
2. Determination
A. Defendant A’s leading role in the instant crime is an element of sentencing unfavorable to Defendant A.
However, Defendant A led to the confession of all crimes and reflects his mistake.
All of the stolen automobiles were temporarily returned to the victims to recover the damage, and the crime of this case was committed in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes established on January 29, 2015, and the latter concurrent crimes of Article 37 of the Criminal Act are factors for sentencing favorable to the defendant.
In addition, considering all the sentencing conditions under Article 51 of the Criminal Act, such as character, conduct and family relationship of the defendant, the sentence of the court below is too unreasonable.
B. In full view of the evidence duly admitted and examined by the court below in relation to Defendant E, the following, namely, the installation of satellite navigation satellite devices on the vehicle, which is aimed at preventing the loss of high-priced vehicles, not only for the purpose of the crime but also for the purpose of preventing the loss of high-priced vehicles; Defendant E, prior to the installation of satellite navigation satellite devices, and subsequent installation of satellite navigation satellite devices by Defendant E, B, etc. for the purpose of committing a thief, etc.
In full view of the fact that there is no evidence that the court below found the defendant E in relation to the theft of vehicles or the theft of vehicles, the court below is not guilty of the defendant E for the reasons stated in its judgment.