The part against Defendant A in the judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and three months.

. Prosecutors;

Summary of Grounds for Appeal

Defendant

A (Unfair Punishment) The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

The public prosecutor (unfair sentencing against the accused)’s sentence (the above, Defendant A: the above, Defendant B’s imprisonment with prison labor for a year and two years of suspended execution, Defendant C: imprisonment with prison labor for a year and two years of suspended execution) is too uneasible and unreasonable.

Judgment

Defendant

Part A (Appeals by Both Parties) The defendant and the prosecutor's assertion of unreasonable sentencing are also examined.

In collusion with other Defendants, the Defendant committed a theft by purchasing security guards and cutting the scrap metal from the total volume more than the total volume, which is not good, the amount and value of the stolen scrap metal is considerably significant, and the period of the commission is from 2 to 4 years, and is disadvantageous to the sentencing.

However, in full view of the following circumstances: (a) the Defendant paid the agreed amount of KRW 1.3 billion and agreed smoothly with the victimized company; (b) the circumstances leading up to the above agreement need to be considered in the sentencing gap with other Defendants; and (c) the number of figures wanting the Defendant’s prior position; and (d) the Defendant’s age, environment, background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

Defendant

B and C (Public Prosecutor’s Appeal) The Defendants’ nature of the crime is not good, and the amount and value of the stolen scrap metal is considerable, and the period of the crime is also long.

However, in full view of the following circumstances: (a) Defendant B paid part of the damaged company and agreed to pay damages; (b) Defendant C paid part of the money for the recovery of damage to the victimized company although it did not reach an agreement; and (c) there was no criminal conviction exceeding the same kind of criminal record or fine; and and (d) other circumstances constituting the conditions of sentencing, such as the age, environment, circumstances of the crime, and circumstances after the crime, the sentence imposed by the lower court to Defendant B and C is too uneasable