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 on the defendant (two years of imprisonment) is too unreasonable.
2. The judgment has a record of serving four times (one-year suspension of execution and three-time imprisonment) punishment for the crime of the same type of law; the defendant was sentenced to imprisonment for the same crime (one hundred months) and committed each of the crimes of this case during the period of repeated crime without being informed of the imprisonment after being released from the court; the victims have not reached an agreement with the victims up to the trial; the scope of the recommended punishment of the Supreme Court sentencing guidelines for each of the crimes of this case [basic crime and two-year concurrent crimes: one type, one type, one type, one type, one type, one type, one type, one type, one type, one type, one type, one type, one type, one type, one type, one type, and two years and four years and four months (four-years and four-years/24/3). However, considering the following circumstances, the defendant's assertion that all of the crimes of this case were led to an attempted crime of this case, two cases among the crimes of this case was committed at the age of 100,000,000 won.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4, (5), and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 5-4, (5), and (1) of the Criminal Act concerning criminal facts.