특정범죄가중처벌등에관한법률위반(절도) 등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The Defendant’s crime of this case regarding the Defendant’s assertion of unfair sentencing has been committed on six occasions habitually, in consideration of the following: (a) theft of cash, credit card, precious metal, etc. kept by customers at public bath, and then withdrawal of cash by stolen-friendly credit card or purchase by unlawful use of it; (b) the Defendant has been punished several times as a thief under the same law (including two times a criminal conviction). In particular, on October 9, 2008, the Defendant was sentenced one and a half years of imprisonment with prison labor for a crime, such as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and on March 6, 2010 after the execution of the sentence was completed, and it is inevitable to sentence the Defendant against the Defendant, taking into account the following: (c) it is inevitable to have repeatedly committed the thief from two months to two months after the end of the sentence; and (d) it cannot be seen that the instant thief cannot be repeated.
However, in full view of all of the facts charged in this case as 22 years of age, the Defendant made a confession of his mistake in depth, the frequency of theft and degree of damage, 4.3.8 million won of the seized cash temporarily returned to the victimO and recovered, and all of the sentencing conditions indicated in the arguments in this case, including the Defendant’s character and conduct, family environment, motive and circumstance of the crime, and circumstances before and after the crime, etc., it is recognized that the sentence of imprisonment (three years of imprisonment) imposed by the lower court is somewhat unreasonable.
2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
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 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment Thereof;