특정범죄가중처벌등에관한법률위반(절도)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment with prison labor for a maximum of two years and a short of one year and six months.
1. The summary of the grounds for appeal is unreasonable because the punishment of the original judgment (the maximum three years of imprisonment with prison labor for a short term of three years, two years of imprisonment, and confiscation) is too unreasonable.
2. The crime of larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is a crime falling under Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the statutory punishment is prescribed as "a life imprisonment or imprisonment for not less than 3 years". The court below found the defendant guilty of the crime committed against the defendant, and applied Article 55 (1) 3 of the Criminal Act to a maximum of 3 years of imprisonment with prison labor within the scope of the term of imprisonment with prison labor for discretionary mitigation. In this regard, the judgment of the court below is not reversed.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of the judgment of the court below except for the "1. Driver's License Confirmation Report" among the summary of the evidence of the judgment of the court below, and thus, they are cited in accordance with Article 369
Application of Statutes
1. Article 5-4 (1), Articles 330, 331 (1) and (2), and 342 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the selection of a limited term of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act has the record of having received juvenile protective disposition several times for the same crime, the number of victims of the crime of this case, the frequency and method of the crime, the defendant's mistake against each other, and the victims by agreement with some victims.