특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
【Judgment on Grounds for Appeal】
1. The summary of the grounds for appeal is that with respect to the punishment of a maximum of one year and two months of imprisonment imposed by the court below, and of a short of ten months, the defendant is too unfasible, and the prosecutor is too unfased and unreasonable.
2. Prior to the judgment on the grounds of appeal by the Defendant and the prosecutor, the Defendant was examined ex officio prior to the judgment on the grounds of appeal by the Defendant and the prosecutor, and the Defendant did not constitute a juvenile under Article 2 of the Juvenile Act, and thus cannot be sentenced to an irregular sentence under Article 60(1) of the Juvenile Act, as it did not constitute a juvenile under Article 2 of the Juvenile Act at the time of sentencing in the trial
The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and the judgment below is again ruled as follows, on April 24, 1990.
[Grounds for the judgment of the court] The summary of the facts constituting an offense and a summary of the evidence recognized by the court and the summary of the evidence are as follows: 1. References to criminal records, replys to criminal records, investigation reports (written judgments against a suspect and reports on attached indictments) are added to the summary of the evidence, and all of the judgment of the court below are the same as the corresponding columns of the judgment of the court below. Thus, they
Application of Statutes
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the following sentencing grounds) is the Defendant’s age, and the Defendant was absent from the suspicion of a crime to raise living expenses while growing up in the family at the same time, and the Defendant appears to have an attitude to recognize a mistake and reflect in depth, in favor of the Defendant, should be considered as the circumstances favorable to the Defendant.