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Defendant
A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.
Reasons
1. As to the sentence of the lower court (Defendant A: imprisonment of 10,00 won and fine of 300,000 won, Defendant B: imprisonment of 10,000 won), Defendant A’s punishment is too unreasonable, and the prosecutor asserts that the above punishment against the Defendants is too unfied and unfair.
2. Determination
A. We also examine the judgment of the court below regarding the defendant A and the prosecutor's improper argument about sentencing of the defendant A and the above defendant.
The facts charged are recognized and reflected by the defendant. Among the victims of each of the crimes of this case, the fact that some victims do not want the punishment of the defendant, and the fact that part of the damage was returned is favorable.
On the other hand, the defendant committed each of the crimes of this case again even though he had been subject to juvenile protective disposition several times for the same kind of crime, such as special theft, etc., and did not receive suspicion from some victims of each crime.
The Defendant committed a crime of special larceny and its failure to take any measures against others while driving without a license, and committed a crime of escape without taking any measures. The Defendant committed a crime of causing damage to the victim H due to the damage of a vehicle, even though the amount of damage to the victim is about KRW 20 million, no damage or agreement was reached.
This is disadvantageous to the defendant.
In full view of the above circumstances, such as the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., and the conditions of sentencing as indicated in the records, such as the sentencing conditions indicated in the records, including the circumstances after the crime, and the first instance court where there is no change in the conditions of sentencing compared with the court of first instance, and where the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the sentence imposed by the court below is deemed appropriate, and it is not deemed unfair because the sentence imposed by the defendant is too heavy or unab
B. Defendant B.