특수절도미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (two years of suspended sentence in October and one hundred and sixty hours of probation and community service order) declared by the court below is too unreasonable.
2. The crime of this case in collaboration with Co-Defendant A of the lower judgment was committed by the Defendant to steal 40 km equivalent to the market price of 12,000 won owned by the victim E, and the case is not somewhat weak, the Defendant has been punished several times by larceny, etc. (three times of suspended sentence of imprisonment, six times of imprisonment) in the past, and the Defendant has not reached an agreement with the victim until now, etc. are disadvantageous to the Defendant.
However, in full view of all the circumstances favorable to the defendant, such as the confession and reflect of the defendant, the fact that the crime of this case was committed in the attempted attempt, and the damaged goods were relatively small, and the defendant is not suitable for economic conditions as a general recipient under the National Basic Living Security Act, and the disabled in spine disability 5, etc., and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime of this case, and the circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable, and therefore the above argument
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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. Articles 342 and 331(2) and (1) of the Criminal Act applicable to the facts constituting an offense;
2. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for favorable circumstances among the reasons for reversal);
3. Suspension of execution under Article 62 (1) of the Criminal Act ( considered for repeated consideration of favorable circumstances among the grounds for reversal of the above judgment);
4. Probation;