특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. It is recognized that the defendant's mistake recognized the defendant, the victim R does not want punishment, and the victims have returned part of the damaged articles to the victims.
However, even though the Defendant had had been punished more than six times for the same crime, he committed a number of larceny crimes during the same repeated crime period, and did not endeavor to recover damage (limited to a partial return of damaged articles made by the investigation agency’s seizure and return measures). The lower court sentenced the Defendant to a punishment lower than the minimum statutory penalty through reduction of amount, taking into account all the sentencing conditions prescribed in Article 51 of the Criminal Act, by taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act against the Defendant, it cannot be said that such sentence of the lower court is too unreasonable.
Therefore, the defendant's improper assertion of sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.
[Provided, That the following parts of the judgment of the court below are clear in writing or omission, and it shall be corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure.
The judgment below
The victim H is a clerical error in the victim S’s 2nd page.
The judgment below
The following page 3 is a clerical error of “victim Q” in the victim Q. 2.
The judgment below
Application of Statutes
The phrase “1. The pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment” is a clerical error in the phrase “1. The pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4(5)1 of the Criminal Act, Article 329 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 342 and 329 of the Criminal Act.”
The judgment below
Application of Statutes
J. 1. Aggravation of repeated crimes: Article 35 of the Criminal Code was omitted.