특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The number of seized Emers male grandchildren shall be one.
1. The summary of the grounds for appeal (e.g., imprisonment and six years) of the original judgment (e., imprisonment) is too unreasonable.
2. The crime of this case was committed habitually by the Defendant committed a theft of cash, golf, scambling, etc. of the victims who are under custody in the right to enter and leave the golf course, which is pretending to be a customer, and the nature of the crime is not good, even though the value of the stolen goods reaches KRW 52 million, it is not agreed with the victims, not recovered, and the Defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime, and the Defendant committed the crime of this case even during the period of the same repeated offense, which is disadvantageous to the Defendant.
However, there are extenuating circumstances, such as the fact that the defendant repents and reflects his mistake, and the fact that the child who is a middle school student and the elderly suffering from dementia after divorce should support the elderly, etc. The scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court is from 3 years to 4 years of imprisonment, and the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court is the thief crime group, habitual theft, the first type, the first type, the special person (no person), the basic area, the basic area, the scope of the recommended sentence according to the law (one to 3 years of imprisonment). In full view of all the sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime and the conditions before and after the
3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the judgment is rendered again as follows.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for the crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Return;