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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for eight months, and for special larceny in the judgment of Defendant B.
Reasons
1. The summary of the grounds for appeal (one year of imprisonment with prison labor for Defendant A, one year of imprisonment with prison labor for Defendant B and one year of imprisonment for Defendant C) is too unreasonable.
2. Determination of mobile phones is subject to theft and stolen crimes because their realization is high, and the crime related to mobile phones is likely to leak personal information contained in the mobile phone term or use it as a large phone and thus cause other crimes, and thus, it is necessary to strictly punish the Defendants due to its inferior nature. In the case of Defendant A and B, the records of receiving juvenile protective disposition for the same crime are several times, and in the case of Defendant C, the crime of acquiring 30 million mobile phones, which are stolen from May to June 6, 2013, despite having been issued a summary order of a fine of KRW 3 million on or around December 2, 2013, the sentence of sentence against the Defendants is inevitable.
However, in the case of Defendant A and B, Defendant A agreed with the victim of the instant special larceny in the trial, the amount of the mobile phone acquired in the case of Defendant C is not much high, and the Defendants confessioned all the instant offenses, and are in depth divided, as well as various circumstances that are the conditions for sentencing, including the age-oriented environment of the Defendants, it is determined that the sentence imposed by the court below on the Defendants is unreasonable.
Criminal facts
The summary of the facts charged and the evidence against the defendants recognized by this court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 331(2) and (1) of the Criminal Act: Defendant A: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment with labor): Articles 362(1) and 30 of the Criminal Act;
1. Handling concurrent crimes (Defendant B);