특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
The Office of origin in the Suwon District Prosecutors' Office that has been seized.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (three years of imprisonment, confiscation, and collection) is too unreasonable.
2. In light of the fact that the Defendant committed the instant crime during the period of repeated crime, the nature of the instant thief in light of the Act on the Acceptance of thief Crimes, and the fact that it was not agreed with the victims of the thief, it is necessary to strictly punish the Defendant.
However, in full view of all the sentencing conditions including the Defendant’s age, character and conduct, environment, motive and circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable, taking account of the following factors: (a) the Defendant led to the confession of all the instant crimes and the mistake; (b) part of the thief was committed; and (c) the medication of narcotics was committed once.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for the addition of "the status of personal identification/admitting" to the summary of the evidence of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and habitually larceny the choice of punishment: The fact that the medication of phiphones is conducted under Articles 5-4 (1), 30, 331 (1), and 342 (General Provisions of the Criminal Act) of the Criminal Act: Articles 60 (1) 2 and 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc.;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);
1. Confiscation Article 48 of the Criminal Act