특정범죄가중처벌등에관한법률위반(절도)등
The judgment below
Part 1 of the judgment is reversed.
As to the first crime in the judgment of the court below against the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the first crime as stated in the judgment of the court below: imprisonment of two months, and imprisonment of one year) is too unreasonable.
2. On May 5, 2017, the judgment of larceny, etc. was finalized on May 5, 2017 between the crimes of Articles 1 and 2 as indicated in the judgment of the court below regarding the unfair argument of sentencing as to the crimes of Articles 1 and 2 as indicated in the judgment of the court below, and the crimes of Articles 1 and 2 as indicated in the judgment of the court below are not in
The fact that the defendant had been punished three times for the same crime before the crime in this part is disadvantageous to the defendant.
On the other hand, the fact that the defendant repents and reflects his mistake, that the amount of damage is not significant, that the victim has recovered from damage and that the victim has agreed smoothly is favorable to the defendant.
In addition, taking into account the following factors: Defendant’s age, sex, environment, health condition, circumstances after the commission of the crime, etc.: (a) all of the sentencing conditions indicated in the instant case; and (b) the equity with the case of larceny, etc. in the judgment of the lower court rendered on May 5, 2017, which became final and conclusive as of May 5, 2017, the sentence of
Therefore, the defendant's above assertion is justified.
3. The circumstances favorable to the defendant include: (a) the fact that the defendant's judgment on the unjust argument of sentencing regarding the part concerning the second crime in the judgment of the court below regarding the second crime in the judgment of the court below is divided and reflected by his mistake; (b) the amount of damage is not significant; (c) the victims have recovered from damage; and (d) the victims have smoothly agreed to recover from damage; and (e) the determination
On the other hand, the fact that the defendant has been punished by imprisonment three times with prison labor for the same crime before this part of the crime, and in particular, the fact that the defendant committed this part of the crime again during the period of repeated crime of the same crime is disadvantageous to the defendant.
In addition, all of the sentencing conditions in this case, such as the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, shall be considered.