특정범죄가중처벌등에관한법률위반(절도)
The judgment of the first instance shall be reversed.
The punishment of the accused shall be determined by two years of imprisonment.
1. The gist of the grounds of appeal is unreasonable. 2. The instant crime of this case’s judgment falls under two to four years of imprisonment (the basic area of habitual larceny).
Although the defendant had been sentenced three times to imprisonment with prison labor due to a similar type of crime, damage to the victim E was recovered, and the defendant has a deep variety of personality and behavior, the defendant's age, character and behavior, family circumstances before and after the crime of this case, and other various sentencing conditions shown in the arguments of this case, such as the frequency of the crime of this case, the defendant's age, character and behavior, family circumstances before and after the crime of this case, it is recognized that the sentence of imprisonment with prison labor of two years
3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act (hereinafter collectively referred to as the “Aggravated Punishment, etc. of Specific Crimes”);