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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A (unfair form of punishment) is against the wrongness of Defendant A, etc., the lower court’s sentence that sentenced one year of imprisonment is too unreasonable.
B. In light of the fact that Defendant B’s defense counsel (e.g., Defendant B’s defense counsel) reflects the wrong, that the degree of damage caused by each of the instant crimes is only two million won, that the victim E was recovered from damage, and that there was a family member to support, the sentence of the lower court that sentenced one year to imprisonment is too unreasonable.
2. Determination
A. On May 9, 2014, Defendant A was sentenced to a suspended sentence of three years for a special robbery, etc. at the Seoul Central District Court in one year and three months, and committed each of the instant crimes during the suspended sentence period, and was sentenced to criminal punishment for the same kind of crime, and the damage was not caused to the trial. In light of the motive and background of each of the instant crimes, the circumstances before and after the instant crimes, the degree of damage, and other various factors specified in Article 51 of the Criminal Act, which are the conditions for sentencing, including the records and arguments of this case, the sentence of the lower court is not determined unreasonable even if considering all the circumstances alleged in the grounds for appeal, and there is no ground for appeal.
B. Defendant B paid KRW 3 million to the victim E in the trial and considerably recovered damage therefrom, and the above victim expressed his intention that he does not want the punishment of Defendant B, and taking into account the motive and background of each of the of the of the of the of the of the instant crimes, the circumstances before and after the crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct and environment of Defendant B, as shown in the instant records and arguments, the lower court’s punishment is deemed unfair, and therefore, the above assertion is well-grounded.
3. Conclusion, Defendant B’s appeal is justified.