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The judgment below
Among the parts on Defendant A and Defendant B, the part on Defendant A and Defendant B shall be reversed.
Defendant
A and Defendant B shall be punished by imprisonment for eight months.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor (the defendant) on the grounds of unreasonable sentencing
B. Unreasonable sentencing of Defendant A and Defendant B
2. Even if the prosecutor’s decision on the prosecutor’s allegation of unfair sentencing against Defendant C by the reason of appeal considers the circumstances favorable to the prosecutor’s decision on unfair sentencing, the lower court appears to have determined the sentence within a reasonable scope, taking full account of the overall circumstances
Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.
The prosecutor's assertion that the sentencing of Defendant C is unfair is not acceptable.
3. The Defendants: (a) stolen two vehicles; and (b) destroyed the said vehicles by using an unauthorized license; and (c) destroyed the said vehicles.
Defendant
A has committed fraud on two occasions, and Defendant B has committed larcenys on seven occasions, and in light of the frequency, contents, etc. of the commission of the larcenys, the Defendants’ responsibility is not minor.
However, it seems that the defendants were wrong, and they were able to repent through detention life for a considerable period of time.
Defendant
A was limited to the extent to which the vehicle was stolen at the time of theft, and the amount acquired by deception due to fraud is not much significant as KRW 250,000 and KRW 60,000, and the damage recovery was made with respect to KRW 250,000.
Defendant
B has been prevented from committing larceny several times, but most of the stolen amount at the time is small, six victims do not want to be punished by the defendant, and some of the victims who have stolen the vehicle have been recovered.
Defendant
A is a first offense with no previous conviction in addition to two times of a fine for fraud, and Defendant B is a first offense with no previous conviction.
The above Defendants need to be given an opportunity to repent to the Defendants who are favorable to the above Defendants, and there is any other reason to the Defendants.