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 court below (two years of imprisonment) is too unreasonable.
2. Even though the defendant had accumulated the power of the same kind of punishment, it is disadvantageous that the defendant repeated the crime of similar water law against the defendant during the period of repeated crime.
However, in light of the favorable circumstances, such as the fact that the Defendant showed anti-influence, and there was an effort to recover damage agreed with one of the victims, and the amount of theft is not relatively heavy, and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, frequency of crimes, and circumstances after the crime, the lower court’s punishment is somewhat heavy, and thus, the above argument by the Defendant is reasonable.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【The reasons for the judgment in multiple cases】 The facts constituting a crime and the summary of the evidence recognized by the court are identical to the facts constituting a crime of the court below and the summary of the evidence. Thus, they are cited 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 as to the crime in question and Article 329 of the Criminal Act [Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is reasonable to see the special provision under Article 35 (2) of the Criminal Act in light of the newly established phrase of aggravated punishment, the prevention of double evaluation, and the necessity of interpretation consistent with the Constitution. Thus, the aggravation of repeated crime under Article 35 (2) of the Criminal Act is not separate.]
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;