특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a year and ten months, and a fine of thirty thousand won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of 300,000 won) imposed by the court below is too unreasonable.
2. Although the Defendant had a history of criminal punishment for a larceny crime several times, he/she again committed the larceny crime over 18 times during the period of repeated crime, acquired pecuniary gains by illegally using a stolen credit card, and driving a stolen driver without a license.
In light of the punishment power, the details and the frequency of the crime, the responsibility of the crime is heavy.
However, the defendant shows the attitude of recognizing and opposing the wrongness.
The individual damage itself is not very important.
In the investigation agency, the victim H expressed the victim N, U, and W's intention not to punish the defendant in the appellate court.
The stolen Oral Ba has been returned to the victim N, and some damages have been recovered.
In addition, if the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime are examined, it is determined that the sentence imposed by the court below is somewhat heavy.
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.
【The reason for the judgment in multiple times】 The defendant was sentenced to the suspension of the execution of his/her imprisonment with prison labor for ten months for special larceny, etc. in the Changwon District Court’s branch branch on May 9, 2012; on July 19, 2012, the same court sentenced three years to imprisonment with prison labor for special robbery; and on July 27, 2012, the suspension of the execution of his/her imprisonment with prison labor was invalidated;
On April 15, 2016, the same court was sentenced to imprisonment with prison labor for night buildings, intrusions, larceny, etc., and on November 23, 2017, the same court sentenced one year and six months to imprisonment with prison labor for night buildings, intrusions, larceny, etc., and on August 11, 2018, the detention house in the custody house.