특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The lower court determined that: (a) the Defendant was sentenced three or more times to larceny and was serving as a repeated offender; (b) the instant crime was similar to the Defendant’s previous crime; and (c) the victim’s wishing to punish the Defendant; and (d) the lower court sentenced the sentence corresponding to the lower limit of the sentencing guidelines, taking into account favorable circumstances, such as the fact that the amount of damage caused by the instant crime was not significant.
However, in the trial of the court below, the defendant recognized the crime that was denied by the court below, and divided the mistake, expressed that the injured person does not want the punishment of the defendant in the trial of the court below, that the defendant did not actively steals the goods, but stolen the damaged goods by driving the victim's damaged goods, and that the damaged person expressed his intention not to punish in the trial of the sentencing guidelines, and that this constitutes a special mitigation, and the scope of the revised recommendation area and the scope of the recommended punishment becomes the mitigated area (one year to two years).
In addition, in full view of the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., all the sentencing conditions as shown in the instant argument, including the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable compared to the extent of the Defendant’s responsibility.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows after pleading.
【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.