특수절도등
The judgment below
The part of the defendant's special larceny on September 6, 2015 is reversed.
The above special larceny.
1. The summary of the grounds for appeal (the imprisonment with prison labor for three months and ten months for the remaining crimes) of the lower court’s punishment (the imprisonment with prison labor for the special larceny of No. 1 of the judgment of the lower court) is too unreasonable.
2. Determination:
A. We examine ex officio the judgment of the defendant on the part of the crime No. 1-A in the judgment prior to the judgment on the defendant's unfair sentencing.
After applying Article 331(2) and (1) of the Criminal Act to special larceny, which is a crime committed by the defendant, the lower court sentenced the defendant to three months of imprisonment after reducing the amount of punishment.
However, the lower limit of the statutory penalty for special larceny is one year, and in order to sentence the Defendant such a sentence, the lower court rendered an additional reduction on the grounds of the latter part of Article 39(1) of the Criminal Act, but rendered a sentence beyond the scope of the punishment without omitting it, and thus, the part of the crime of Article 1(a) of the judgment of the Defendant in this regard was no longer maintained.
B. As to the remaining crimes, the Defendant recognized the mistake of the crime and reflects the depth thereof, and the victim did not want the punishment of the Defendant upon agreement with the victim. Since 2010, there is no record of the same crime.
However, during the suspension period of the execution of a crime of different species, the Defendant was guilty of committing the crime, and the amount of damage from the crime of this case was 17,490,000 won, and there are circumstances in which the Defendant led the crime while committing the crime of this case with the accomplice.
In addition, the defendant has two records of punishment for larceny and juvenile protective disposition related to multiple larcenys.
In addition, considering the overall sentencing conditions shown in the argument of this case, such as the defendant's age, sex, family environment, etc., the punishment imposed by the court below on this part cannot be deemed unfair because it is too unreasonable.
3. If so, the part of the crime of paragraph 1-A of the judgment of the court below as to the defendant's judgment is reversed ex officio.