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The judgment below
Of them, the part concerning Defendant D shall be reversed.
Defendant
D shall be punished by imprisonment for a term of two years and six months.
Defendant
A, B, and.
Reasons
1. The summary of the grounds for appeal asserts that the sentence of the lower court (three years in prison, confiscation, confiscation, Defendant A, C, and D: each of three years in prison) is too unreasonable.
2. Determination:
A. The circumstances favorable to the Defendants and the instant crimes committed by the Defendants, including the fact that all the Defendants jointly recognized their mistakes, are against themselves, are not only organized and planned crimes, but also committed against the unspecified victims for a considerable period of time, and the victims and the amount of damage are not considerable, and there is no circumstance that they agreed with the victims or endeavored to recover from damage.
B. In addition to the above paragraph A of the judgment as to Defendant A, B, and C, the Defendants committed the instant crime during the period of the same repeated crime. Besides, the Defendants committed the same kind of crime against the Defendants. In the case of Defendant B, the Defendants directly stolen the cargo vehicles to be used as a tool for the crime (the part concerning the Defendant B’s sole criminal act) and the number of the Defendants’ direct participation in the crime (total 15 times). In full view of all other circumstances, the sentencing conditions in the records, such as the age, character, conduct, family relation, environment, occupation, etc. of the Defendants, which are the most likely number of crimes, are considered as unfair since the sentence of the lower court sentenced to imprisonment for 3 years and 6 months to Defendant B who has the largest number of crimes, and the number of participation in the crime, which is less than 12 times, was sentenced to imprisonment for 3 years and 11 times.
C. Further to the above paragraph (a) above determination on Defendant D, the Defendant was sentenced on January 31, 2013 by the Suwon District Court to two years of imprisonment with prison labor for a crime of aiding and abetting Violation of the Game Industry Promotion Act and two years of suspended execution for a period of four months.
2. 8. The judgment becomes final and conclusive and is currently in the period of suspension of execution (it is considered in the original trial) and in the branch of Suwon District Court on February 6, 2013.