특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Part 1 (Evidence No. 1), one thousand won seized (No. 1);
1. Summary of grounds for appeal (the mental and physical weak and unfair sentencing);
A. The Defendant had a record of having received treatment with mental illness, and had weak ability to discern things or make decisions due to mental illness even at the time of committing the crime.
B. The sentencing of the lower court’s unfair sentencing (two years and six months of imprisonment, confiscation, and return of the victim) is unfair as it excessively lacks.
2. The court below found the defendant guilty of the facts of the crime as stated in the judgment and sentenced to the confiscation of 56 Won (No. 4), 118 Won (No. 5), and 4 Won (No. 6) which were seized from the defendant.
However, in light of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court, namely, ① the Defendant’s remaining money after gathering that the Defendant took place at the place of the commission of the crime, which was confiscated by the investigative agency, and, where so, it cannot be accurately known where the Defendant stolen the said money. ② It is apparent that the said broadcasts were not an article provided or intended to be provided for the instant criminal act; ② there is no evidence to acknowledge that the Defendant was an article produced or acquired due to the instant criminal act; ③ the said broadcasts appear to constitute a stolen article acquired by a separate thief against a person without a name, the lower court that forfeited such money from the Defendant.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to the corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.