특정범죄가중처벌등에관한법률위반(절도)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for one and half years;
3.Nos. 2, 5, and 6, of seized evidence.
1. The sentence imposed by the lower court (two years of imprisonment, etc.) is too unreasonable.
2. The judgment of the court below committed the crime of this case when the defendant had been punished several times for the same crime, but he committed the crime of this case again during the repeated crime period for the same crime. The crime of this case was committed by the defendant by opening and intrusioning the victim's apartment bend window window and by cutting off money and valuables in the living room and inside and outside of the living room, which are similar to the previous crime. However, although the criminal act of this case is heavier than the previous crime, the defendant's nature and method are contrary to the nature of the crime of this case. The defendant is found to have been aware of the crime of this case, and the victim was living together with the victim for the first time during the trial, and the health situation of the defendant is not good, and there is a family member to support, and other various circumstances that form the conditions for sentencing as stated in this case, such as the defendant's age, character and behavior, environment, family relationship, after the crime, etc., the punishment of the court below is too unreasonable.
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 with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);
1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;