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The lower judgment against the Defendants is reversed.
Defendant
A, with imprisonment of two years and fine of 300,000, and Defendant B.
Reasons
1. The summary of the grounds for appeal asserts that the punishment of the court below (the imprisonment of two years and six months, and the fine of 300,000 won; the imprisonment of one year and six months; the short-term one year; the fine of 300,000 won; the confiscation and return; the defendant D; the imprisonment of one year; the fine of 20,000 won; and the confiscation) is too unreasonable.
2. Determination
A. The crime of this case committed by Defendant A is inevitable in light of the following: (a) Defendant A’s respective crimes committed several times by intrusion upon the structure of Defendant A, theft of the victims’ property, deception of victims, and delivery of property through several occasions; and (b) drive a motorcycle without obtaining a driver’s license; and (c) Defendant A’s operation of the motorcycle without obtaining a driver’s license; (d) the nature of the crime, such as the majority of the victims and the amount of damage; and (e) Defendant A had the record of receiving a juvenile protective disposition several times for the same kind of crime.
However, in full view of the following circumstances: (a) Defendant A agreed with the victim V in the trial; and (b) Defendant A’s violation of one’s mistake, etc., taking into account the favorable circumstances in favor of Defendant A; and (c) other circumstances, such as Defendant A’s age, character, conduct, environment, motive and background of the crime, means and method of the crime; and (d) circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable.
Therefore, Defendant A’s assertion is justified.
B. Each of the instant crimes committed by Defendant B, jointly with others, committed several times by the victims, by deceiving the victims on several occasions, and by neglecting his duty of care as a driver, did not damage the victim’s property and did not take any measures at the time of the occurrence of a traffic accident, and driving a motor vehicle and a motorcycle without a driver’s license. In light of the fact that the victims are many and the amount of damage is not much.