특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Since the Defendant asserts that the four-year punishment of imprisonment sentenced by the lower court is too unreasonable due to the grounds for appeal of this case, it is necessary to strictly punish the Defendant in light of the fact that the Defendant committed the instant crime during the period of repeated crime even though eight months have passed since the Defendant was confined due to the same type of criminal act and was released from prison due to the same type of criminal act, and even when eight months have passed since the Defendant was released from prison, he/she committed the instant crime.
However, the court below's punishment is too unreasonable, taking into account the following circumstances: (a) the defendant was found to have committed a crime in the course of the trial for the first time, and it seems that the number of times of the crime in this case is only twice, and the amount of damage suffered by the victims is not significant; (b) E, an accomplice, deposited 300,000 won for the victim G; and (c) 100,000 won for the victim G; and (d) other circumstances that can be known through the records and arguments in this case, such as the means and methods of the crime in this case, the defendant's age, character and conduct, family relationship, etc.
If so, the defendant's appeal of this case is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court concerning this case is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) of the Criminal Act, and Article 331 (2) of the Criminal Act, inclusive of the pertinent Article of the Act
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the favorable circumstances in the preceding);