특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Even though the defendant was sentenced to multiple punishments for the same crime, the fact that the defendant committed the crime of this case during the period of repeated crime and the responsibility for such crime is grave is disadvantageous to the defendant.
However, in light of the defendant's age, character and behavior, environment, frequency of crime, circumstances after crime, etc., the sentence of the court below is somewhat inappropriate and it is recognized that the defendant's assertion is unreasonable, since it is recognized that the defendant's punishment is somewhat unreasonable. The damage caused by the crime of this case is not large, and three of the crimes is considered as favorable circumstances in relation to attempted crimes.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 330 of the Criminal Act among repeated offenders, Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes among repeated offenders, "where a person who has been sentenced not less than three times to imprisonment for the crime under Articles 329 through 31, 33 through 36, and 340 and 362 of the Criminal Act, or the attempts thereof, once again commits such crime, and is punished as a repeated offender: