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The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C A person shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below on the defendants (one year and eight months of imprisonment, one year and six months of imprisonment, one year and six months of confiscation, and eight months of imprisonment) is too unreasonable.
2. We also examine the Defendants’ respective arguments on unfair sentencing.
The defendants recognized the defendants' mistake and reflects, the victims were returned, and the victims did not want to be punished against the defendants, and the defendants C did not have any record of criminal punishment except for the punishment imposed by the charge of the custody of stolen property.
On the other hand, in relation to the thief crime committed by the Defendants, the Defendants committed the larceny in this case again during the period of repeated crime because they were sentenced to punishment for the same crime between 2008 and 2012, and Defendant A received one sentence for the same crime between 2008 and 2012, and Defendant B received seven times of juvenile protective disposition for the same crime between 209 and 2012, and Defendant B received four times of criminal punishment for the same crime. In particular, Defendant A and B committed the larceny of this case again during the period of repeated crime because they did not have been sentenced to punishment as above, and Defendant A did not engage in any disadvantageous injury to other prisoners without being even during the period of multiple punishment.
In full view of all the circumstances shown in the records and arguments, such as the above-mentioned normal relationship and other Defendants’ age, character and conduct, environment, background of the crime of this case, and circumstances after the crime, etc., the punishment sentenced by the court below to Defendant A and B is not unfair, but it is too unreasonable to view that the punishment sentenced to Defendant C is too unreasonable.
Defendant
The arguments A and B are without merit, and the defendant C's assertion is with merit.
3. In conclusion, Defendant A and B’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and Defendant C’s appeal is with merit.