절도미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The summary of the grounds for appeal (unfair punishment) that the court below sentenced against the defendant is too unreasonable.
Judgment
After having been sentenced to punishment for larceny, the defendant committed each of the crimes of this case during the period of repeated crime is disadvantageous.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the following: (a) the Defendant submitted a written agreement with the victims by mutual consent; (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; (c) the Defendant appears to have not been punished for a crime that did not take any rescue and relief measures despite having committed a traffic accident; (d) the vehicle operated by the Defendant is covered by the automobile liability insurance; and (e) the scope of the recommended sentence for the instant crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dggravated Punishment, etc.) according to the sentencing guidelines established by the Sentencing Commission established by the Sentencing Commission, the traffic crime group within the scope of the recommended sentence for the instant crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (e) the type 1 of the crime of escape after the traffic accident; (e) the decision on the recommended area; (g) the scope of the recommended sentence (referring to six to ten months of imprisonment); and (g) other sentencing conditions stipulated in Article 51 of the Criminal Act.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 342 and 329 of the Criminal Act regarding criminal facts, and Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.