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The judgment below
The part of the Defendants’ case is reversed.
Defendant
A Imprisonment with prison labor for not less than ten months, and Defendant B.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (10 months in prison, 1 year in prison, 2 years in prison, 1 year in prison, 1 year in prison, 6 months in prison) is too unreasonable.
2. Determination on the grounds for appeal
A. In light of the fact that Defendant A stolens money against the victims who had been under the influence of alcohol from around 2009 to 17 times, and committed a planned crime jointly with accomplices, the liability for the crime is not weak.
However, the court below's punishment is too unreasonable in light of various sentencing conditions indicated in the records, such as the fact that the defendant recognized all of the crimes of this case, there is no record of punishment for the same crime, active cooperation in the investigation of this case, Q from among the victims under paragraph (3) of the crime of this case does not want the punishment of the defendant, and deposit 12 of the victims under paragraph (1) of the crime of this case among the victims under paragraph (1) of the crime of this case. In addition, taking into account various sentencing conditions indicated in the records, such as the punishment of the accomplice and the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime.
B. In full view of the circumstances favorable to the Defendant, including the fact that Defendant B recognized all of the instant criminal acts, and Q Q does not want the Defendant’s punishment among the victims under paragraph (3) of the criminal facts, the Defendant stolen money against the victims who had been under influence of alcohol from around 2009 to 17 times, and planned to commit the crime jointly with his accomplices, and the previous criminal acts committed two times as the same crime, and the previous criminal acts committed the theft of the property of the prisoners under the influence of alcohol, which are similar to the instant case, and thus, they were sentenced to a suspended sentence.
In addition, various sentencing conditions in the record, such as the age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, etc. of accomplices, shall be comprehensively taken into account.