특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. Each of the crimes of this case committed by the Defendant at ordinary times by citing the cell phone, cash, and wallets, etc. of the victim C, which the Defendant kept in mind, and then thefted the victim’s cell phone with only one cell phone from which the victim D lost, and embling it on the street is not good.
The Defendant had a record of being sentenced to a suspended sentence one time from around 1987 to around 2014 and a punishment of eight times of imprisonment. In particular, the Defendant committed each of the crimes of this case without being convicted, even though it was during the repeated crime period.
The victims did not recover from damage properly.
However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized each of the crimes of this case and reflected against the defendant, the defendant's life and living conditions seems to be good due to unafluencies, etc., and the economic benefits acquired by the defendant from each of the crimes of this case are relatively large compared to other property crimes, etc., and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below is somewhat inappropriate.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied 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, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 360 of the Criminal Act concerning criminal facts.