특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Victim No. 1 (bicycles) of seized evidence shall be the victim.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year and four months of imprisonment, refund and the cost of lawsuit) is too unreasonable;
2. Not only has the record of having been punished several times for the same crime, but also the fact that the defendant committed each of the crimes of this case since the period of repeated crime resulting from the same crime is during which the execution of the sentence was completed, etc. is disadvantageous to the defendant.
However, in full view of the fact that the amount of damage by each victim is not large, the defendant's mistake is recognized and reflected, favorable circumstances such as the fact that the defendant is deaf and mutes, and other various circumstances that form the conditions for sentencing specified in the argument of this case, such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column 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 329 and 35 of the Criminal Act concerning the crime committed;
1. Article 35 of the Criminal Act among repeated crimes;
1. Legal mitigation under Articles 11 and 55 (1) 6 of the Criminal Act;
1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;