특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and nine months.
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. Although the Defendant had had the record of being sentenced nine times to criminal punishment for the same kind of crime, there were unfavorable circumstances, such as the Defendant again committed the instant crime during the period of repeated crime for the same kind of crime. However, in light of the favorable circumstances, such as the Defendant’s confession of all the instant crimes and reflects his mistake in depth, the amount of damage caused by the instant crime is not significant, the damage was actually recovered due to the full return of the damaged items, and the Defendant appears to have been prevented from committing the instant crime in order to raise living cost due to economic difficulties, and other conditions of sentencing as indicated in the records, such as the Defendant’s age, character, character, environment, health condition, motive and background of the instant crime, means and consequence, and the circumstances after the instant crime, the sentence imposed by the lower court is somewhat inappropriate.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the point of larceny as stated in paragraph (2) of the same Article, the choice of limited imprisonment), Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act concerning the crime at the time of sale;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;