특정범죄가중처벌등에관한법률위반(절도)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
1. The decision of the court below on the summary of the grounds for appeal (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 1 year) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, this Court tried by examining each appeal case against the judgment of the court below jointly, and each of the offenses of the judgment of the court below should be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from reversal.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, since there is a ground for reversal of authority above, and the judgment below is reversed in entirety, and it is again decided as follows
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below. Thus, they are cited 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, Articles 342 and 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act concerning the relevant criminal facts and the choice of punishment for each specific crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent offenders, the Defendant recognized and opposed to the reasons for sentencing in the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act.
Some of the crimes were attempted.
On the other hand, the defendant had been sentenced to imprisonment several times for the same crime and had been released from the prison, and the two to four days for each of the crimes of this case was committed several times, and there has not been any satisfy.
The age, character and conduct, environment, family relationship, motive and circumstances after the crime, etc. of the accused.