특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
An applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal (unfair sentencing) sentenced by the lower court (three years of imprisonment and compensation order) is too unreasonable.
2. The judgment of the defendant has many criminal records for the same crime; the defendant committed each of the crimes of this case without being aware of the fact that he committed a repeated crime due to the same crime even though he was during the period of repeated crime due to the same crime, is against the defendant's disadvantage; the defendant's mistake is recognized; the defendant transferred KRW 2620,000 to the victim D in the trial of the party; and the defendant agreed with the victim G.
In full view of the defendant's age, sexual conduct, means and consequence of the crime, and all other sentencing conditions shown in the records and changes in the above circumstances, since the sentence imposed by the court below is too excessive and unfair, the defendant's assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion upon residence, choice of imprisonment), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act (a point of larceny of repeated crimes) concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 32 subparag. 3 and Article 25 subparag. 3 subparag. 3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (see, e.g., Article 32 subparag. 3 and Article 25 subparag. 3 of the Act on Special Cases Concerning Compensation (i.e., transfer of KRW 2620,00 to the applicant for compensation in the trial)