[특정범죄가중처벌등에관한법률위반(절도)(인정된죄명:절도)][미간행]
Defendant
Defendant
Kim Tae-tae
Attorney Lee Young-young (Korean)
Incheon District Court Decision 2008 Godan4515 Decided September 17, 2008
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The twenty-eight days of detention before the pronouncement of the judgment below shall be included in the above sentence.
1. Summary of grounds for appeal;
The summary of the grounds for appeal by the defendant is that the sentence of the court below (one year and six months of imprisonment) is too unreasonable.
2. Determination
Examining the Defendant’s assertion of unfair sentencing, it is difficult to readily conclude that the Defendant was habitually guilty of the instant crime on the following grounds: (a) 10-year imprisonment with prison labor; (b) 20-year imprisonment with prison labor for not less than one year; (c) 3-year imprisonment with prison labor for not more than 10-year imprisonment with prison labor for not more than 5-year imprisonment with prison labor for not more than 10-year imprisonment; and (d) 3-year imprisonment with prison labor for not more than 5-year imprisonment with prison labor for not more than 10-year imprisonment with prison labor for not more than 9-year imprisonment with prison labor for not more than 3-year imprisonment with prison labor for not more than 9-year imprisonment with prison labor for not more than 5-year imprisonment with prison labor for not more than 9-year imprisonment with prison labor for not more than 9-year imprisonment with prison labor for not more than 2 months; and (e) 3-year imprisonment with prison labor for not more than 1975-year imprisonment with prison labor for not less than 2.
3. Conclusion
Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without omitting the determination of the defendant's allegation of unfair sentencing, and the following is again decided after oral argument.
Around 10:00 on August 2, 2008, the Defendant infringed on a ○ Industry Development Warehouse located in Bupyeong-dong, Bupyeong-gu, Incheon, Bupyeong-gu, in a ○○ Industrial Development Warehouse, in a different place, and used three HDV cuts equivalent to the total sum of KRW 600,000,000 for the victim Nonindicted Party 1.
1. Defendant's legal statement;
1. Each police statement made against Nonindicted 1 and 2
1. Each photograph description and investigation report (amount of damage);
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 329 (Selection of Imprisonment with Labor)
1. Inclusion of days of detention in detention;
Article 57 of the Criminal Act
Of the facts charged in this case, as seen in the above 2.2., it cannot be deemed that the Defendant committed the larceny by means of the theft habit, among the facts charged in this case, that the Defendant habitually committed the larceny as indicated in the judgment of the court below. As such, the above facts charged constitute a case where there is no proof of the crime, and thus, the Defendant should be acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as the facts charged in this case included the larceny charge, and thus, the Defendant was found guilty of larceny within the scope of the same facts charged,
Although the defendant has a number of criminal records of the same kind of crime, the defendant committed the crime in this case again during the period of the probation period due to the same crime, the damage caused by the crime in this case is only 3 knife only, and the defendant suffered a lot of mental difficulties due to an accident that occurred around July 2002, and other factors of sentencing as ordered by considering the defendant's age, character and behavior, health conditions, circumstances of the crime, details and contents, circumstances before and after the crime, and all the other factors of sentencing as shown in the arguments, such as the records and arguments, etc
Judges Hong Ho-ho (Presiding Judge)