특수절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The summary of the grounds for appeal (unfair punishment) of the original judgment (two months of imprisonment) is too unreasonable.
Judgment
The crime of this case was committed in collaboration with C and D, which was stolen by the Defendant on two occasions, and the quality of the crime is not good, and the crime of this case was committed again during the suspension period of execution due to the same kind of crime, which is disadvantageous to the Defendant.
However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the Defendant does not seem to have obtained pecuniary benefits due to the instant crime; and (c) the fact that the Defendant agreed with the victims in the trial.
In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is from April to March 1: the thief group, the thief group, the 2th category of larceny (general larceny), the special spacter (non-spacter), the decision-making area of the recommendation area, the scope of the recommended sentence (4-10 months), and the 2nd crime: the thief group, the thief group, the thief group, the 2th category of larceny (general larceny), the special spacter (non-spacter), the decision-making area of the recommendation area, the scope of the recommended sentence (4-10 months), the result of multiple aggravated crimes: April to March, and all other sentencing conditions such as the defendant's age, character and behavior, environment, the circumstances of the instant crime, and the situation before and after the instant crime are considered to be unfair.
As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;