특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
date of seizure (No. 2) Raberber (No. 2).
The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years and six months of imprisonment, confiscation) is too unreasonable.
Judgment
The court below has a favorable and unfavorable condition, such as the defendant's statement in the column of "decision of sentence".
In addition, considering the following factors: (a) the Defendant married with the Switzerland female and was born on June 28, 2016 between her husband and her mother on which the Defendant had a good health condition; (b) the Defendant’s full recognition of the Defendant’s criminal act; (c) the Defendant actively cooperates in the investigation by the investigative agency; (d) the Defendant appears to have changed the prosecutor’s opinion in the first instance trial; and (e) other various sentencing conditions as indicated in the records and changes theory, the sentence imposed by the lower court is somewhat unreasonable.
This part of the defendant's argument is justified.
As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court are as shown in each corresponding column of the judgment below, except in the case where the "dated Liber" as the "dated Liber (Evidence No. 2)" of the second page 14 of the judgment of the court below, and the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime ( comprehensively including Article 5-4 of the same Act);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 53 and Article 55(1)3 of the Criminal Act ( normal consideration in favor of the provisions of paragraph (2) above) for mitigation of amount;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. In full view of all the circumstances described in Article 333(1) of the Return Criminal Procedure Act and the sentencing of Article 333(2) of the same Act, the sentence identical to the disposition shall be determined.
It is so decided as per Disposition for the above reasons.