특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Determination of the summary of the grounds for appeal (two years of imprisonment) shall be inappropriate;
2. The sentence imposed by the court below is within the scope of the applicable sentencing guidelines and the recommended sentencing guidelines (one year to six years of imprisonment).
However, the defendant agreed with specific victims as possible in the appellate trial.
If this court examines the sentencing factors and other factors of sentencing, the amount of the original sentence is somewhat inappropriate.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 342 of the Criminal Act, Article 319 (1) of the Criminal Act concerning the crime, and Article 319 (1) of the same Act concerning the punishment of the crime;
1. Article 35 of the Criminal Act and the proviso of Article 42 of the Criminal Act among repeated offenders;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act, the proviso of Article 42 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;