특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of four years and a fine of three million won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal: The judgment of the court below on the grounds of unfair sentencing (the imprisonment of three years and a fine of three million won) is too unhued and unreasonable.
2. Determination
A. First, we examine the progress of the lower court.
The Defendant filed a petition for a retrial on the grounds that there is a decision of unconstitutionality on laws applied to the judgment subject to a retrial (Seoul Central District Court Decision 201Da632, 1043, 1354, 1412, 2012Gohap45, 49, 49, 2012).
While Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”) applied to the judgment subject to a retrial was not included in the decision of unconstitutionality, the court below commenced a new trial on the grounds that Article 47(4) of the Constitutional Court Act constitutes “a final judgment of conviction based on the legal provision decided by the Constitution,” and the prosecutor applied for changes to the applicable provisions of Article 5-4(6) and (1) of the Aggravated Punishment, etc. of Specific Crimes Act as “Habitual larceny”, “Article 5-4(6) of the Aggravated Punishment, etc. of Specific Crimes Act, and Article 329 of the Criminal Act” as “Article 332 and Article 329 of the Criminal Act,” and the court below affirmed the judgment below
B. Furthermore, we examine the reasoning for sentencing of the lower court.
The court below held that the defendant committed the larceny at a time when he was punished several times for the larceny, and that the crime was committed against foreign women vulnerable to the crime, and that the crime was not significantly good, and that the defendant repeats it several times through similar means, and that each crime was committed during the period of repeated crime. On the other hand, the defendant led to confession and reflect, the total amount of damage compared to the frequency of the crime was not significant, the period is isolated from society due to the number of multiple times which were continued from the time of her, and the return to society should be completed in addition to the crime.