The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a year and ten months.

Defendant

B.

1. Summary of grounds for appeal;

A. The Defendants (1) committed the instant crime in the course of Defendant A’s loss of parents due to a traffic accident in the fourth degree of Defendant A’s life, and Defendant A’s life, and expressed that most of the damaged items were returned to the victims and certain victims were not wanting to be punished by Defendant A. In light of the above, the lower court’s sentence that sentenced Defendant A to one year and ten months of imprisonment is too unreasonable.

(2) In light of the fact that Defendant B recognized the mistake and reflected, and committed the instant crime for livelihood, and the economic situation is difficult, the sentence of the lower court that sentenced Defendant B to a fine of KRW 2,000,000 and confiscation is too unreasonable.

B. (1) In light of the fact that the prosecutor (1) Defendant A had the history of criminal punishment and committed the instant crime during the period of repeated crime for the same kind of crime, and that the damage was not properly reimbursed, the lower court’s sentence against Defendant A is too unreasonable.

(2) In light of the fact that the crime of this case committed by Defendant B was committed by distributing the cell phone, which is the stolen goods of Defendant B, and the nature of the crime is not good, the sentence of the lower court on Defendant B is too unreasonable.

2. Determination

A. We examine ex officio prior to determining the Defendant A’s argument on the grounds of appeal.

The statutory penalty under Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is imprisonment with prison labor for not less than two years but not more than 20 years, and if the lower limit of the punishment is not lowered by means of legal mitigation or reduction of a small amount of punishment, a sentence of imprisonment with prison labor for not less than one year and ten months may not be imposed on a defendant as shown in the original judgment.

Nevertheless, without applying the provision on mitigation of punishment, the lower court committed a mistake in sentencing one year and ten months of imprisonment with prison labor, which is less than the minimum statutory penalty, against Defendant A, and thereby affected the conclusion of the judgment.