특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Determination is that the Defendant has previously been punished several times for the same kind of crime and constitutes a repeated crime of the same kind.
However, the total amount of damage in this case is 116,000 won and 61,000 won among them was returned to the victim on the spot.
In addition, if the defendant suffers difficulties in living after being released from the military court, and comprehensively takes into account various sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant committed the crime in this case, the punishment sentenced by the court below is unreasonable.
3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act, Article 329 of the Criminal Act (a point of attempted larceny) concerning the crime, and Article 329 of the Criminal Act concerning the selection of punishment for each specific crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Scope of sentencing recommended according to the sentencing criteria;
(a) Crimes Nos. 1 and 2: The basic area (one year to six years) of the theft under the Act on the Aggravated Punishment, etc. of Specific Crimes (the scope of recommending punishment) (the scope of punishment) (one year and six years) (no person subject to special sentencing)
(b) Class 3 crime: Theft [Scope of punishment recommended] general property.