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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair punishment) sentenced by the lower court to the Defendant (two years of imprisonment, confiscation) is too unreasonable.
B. Defendant B (unfair punishment)’s punishment sentenced by the lower court against the Defendant (one year of imprisonment) is too unreasonable.
C. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.
2. Determination
A. At the same time, the defendant and the prosecutor's assertion on the argument of unfair sentencing by the prosecutor on the defendant A and the defendant A together with the assertion of unfair sentencing by the defendant and the prosecutor on the argument of unfair sentencing by the defendant, the defendant confessions each of the crimes of this case and reflects his mistake, the defendant suffers from public depression and stroke, and thereby the health of the defendant is not good, there are family members to support the defendant, and the defendant seems to have been a family member who must support the defendant, and the defendant is likely to have been able to live in good faith without re-offending, and where the sentence of this case becomes final and conclusive, the previous suspended sentence is invalidated.
On the other hand, each of the crimes of this case is considered to be disadvantageous to the defendant, such as that the defendant stolen building materials jointly or independently with the above defendant B and the nature of the crime is not good, that the crime of this case was committed over 50 times, that the total amount of damage is about KRW 100 million, that the defendant appears to play a core and leading role, that there was no circumstance that the victims agree with the victim or the damage was recovered up to the trial, that there was three times of criminal punishment for property crime, and that the defendant has three times of criminal punishment for the crime of this case, and that the defendant was sentenced to imprisonment with prison labor for more than 10 months at the Suwon District Court on June 12, 2013 and was sentenced to imprisonment with prison labor for fraud on February 5, 2014, and that the defendant repeated the crime during the period of repeated crime for which 2 months elapsed.
The above flexible circumstances are as follows.