We reverse the judgment of the first instance court.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the first instance court (one month of imprisonment) on the summary of the reasons for appeal (unfair sentencing) is too unreasonable.
2. Special larceny in the judgment of the court of first instance, ex officio, is a crime falling under Article 331(2) and (1) of the Criminal Act, and the statutory penalty is one to ten years. Thus, in order to sentence the Defendant to a sentence of imprisonment with prison labor for less than one year, a sentence of imprisonment with prison labor must have been mitigated pursuant to Articles 53 and 55(1)3 of the Criminal Act.
However, the judgment of the first instance, while sentencing the defendant for eight months of imprisonment, has violated the minimum statutory penalty by omitting the minimum statutory mitigation in the application of the law.
3. As the judgment of the first instance is reversed ex officio as above, the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment is reversed, and it is again decided as follows.
The summary of facts constituting a crime and evidence recognized by the court shall be as stated in the corresponding column of the judgment of the first instance.
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts, and Article 329 of the Criminal Act concerning the selection of punishment (abstinence, an occupation of imprisonment, and an option of punishment), Article 331 (2) and Article 331 (1) of the Criminal Act (abstinence of special larceny), Article 347 (1) of the Criminal Act (abstinence of fraud, choice of imprisonment), Article 70 (1) 3 of the Act on Business Specializing in Credit Business (abstinence of stolen credit cards, and choice of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act for mitigation of the amount of a small amount are as follows: (a) the Defendant’s mistake was pened and reflected in depth; (b) some of the damaged items were returned to the victims; and (c) some of the victims agreed with the victim.
However, the fact that the defendant has been punished several times due to the same crime, the method of the crime, the period and frequency of the crime, etc. are very important.