특수절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment) is too unreasonable.
2. In the case of a special thief crime, the Defendant committed the instant crime without being aware of the fact that, at night, he cut the locks of warehouse, and intruded into the warehouse, thereby thefting another person’s property, and the method of committing such crime was inadequate, and not recovered from damage to H, I, and K, the victim of the larceny. The Defendant did not agree with the said victims. The Defendant committed the instant crime without being aware of the fact that he had been punished several times prior to the instant crime even though he had been punished for larceny or fraud.
However, in consideration of the fact that the defendant is divided into his crime through confinement life for not less than six months, the amount of damage by each victim is relatively small, in the case of a special larceny crime, the place where the defendant invadedd is located outside the indoor residential space, the victim of special larceny expressed his intention that D does not want the punishment of the defendant, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and behavior, character and environment, as shown in the records and arguments in this case, are considered, it is unreasonable for the court below to punish the defendant excessively.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.
[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 331(1) and 330 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 329 of each Criminal Act.