상습절도
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. Summary of grounds for appeal;
A. The judgment of the court below that found the Defendant guilty of the facts charged in this case and did not reflect the number of the Defendant, is erroneous in the misconception of facts, even though the Defendant did not have a habit of larceny against the mistake of facts.
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The Defendant voluntarily surrendered in relation to self-denunciation
Even if the court voluntarily surrenders the self-denunciation, it is merely a mere fact that the court can voluntarily reduce the punishment, and the court below did not reduce the self-denunciation.
or failure to render a judgment on the allegation to reduce self-denunciation;
Therefore, it cannot be deemed unlawful (see, e.g., Supreme Court Decision 2011Do12041, Dec. 22, 2011). This part of the Defendant’s assertion is without merit.
(b) Habitualness in the assertion of habituality refers to the habition that repeatedly commits the larceny, and the existence of criminal records in the same kind of crime and the frequency, period, motive, means and method of the crime, etc. shall be determined by comprehensively taking into account the existence of habituality.
(2) In light of the following circumstances, each of the instant theft acts committed by the Defendant at the same store where the Defendant had been negligent in inventory management, which led to the theft of the same kind of object under the same veterinary method, the mere fact that the act of theft was committed several times is difficult to deem the Defendant to have a theft habit. In light of the following circumstances, the evidence submitted by the prosecutor alone is insufficient to deem that the habitual nature of the Defendant was proven to the extent that there was no reasonable doubt.
Therefore, this part of the defendant's argument is justified.
3. Conclusion.