특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal by the defendant;
A. A. The Defendant suffered from a person who was suffering from an unidentified behavioral disorder related to the symptoms of the vegetable pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathics
B. In light of the following circumstances: (a) both the illegal theft goods were returned; (b) the Defendant agreed with 12 of the victims; (c) deposited a considerable amount for the remaining two persons; (d) Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was applied in the judgment subject to a suspended sentence for five years (two years of the observation of protection) during the three-year imprisonment, was decided unconstitutional; (b) the court below applied Article 332 of the Criminal Act which was less statutory penalty than the above provision in the judgment subject to a suspended sentence for the five-year period of imprisonment; and (c) the Defendant must care for minor children; and (d) the Defendant must care for minor children, the sentence for five-year period of suspended sentence for
2. Determination
A. According to the records of mental and physical disorder, even though the defendant was suffering from mental illness at the time of the crime of this case, in light of the background leading to the crime, the method and method of the crime, and other circumstances after the crime, etc., the defendant was in a state that the defendant had the ability to discern things or make decisions due to mental disorder at the time of
Therefore, this part of the defendant's assertion is without merit.
B. Taking into account the following circumstances: (a) the collection of the thief crime of this case was 23 times and the value of the stolen goods reaches 3,652,00 won; and (b) the Defendant had been punished five times prior to the instant case and the record of the said punishment was the same as the instant case; (c) the Defendant has led to both confessions and reflects; and (d) both the stolen goods have been returned to the victims.