특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. It is recognized that the crime of this case was committed habitually by intrusion into the office and theft of money and valuables, with heavy nature of the crime, and with the criminal records of the defendant sentenced 6 times to imprisonment due to the crime of larceny, and 3 times suspended execution.
However, in full view of the following circumstances, the sentence of the lower court is unreasonable in view of the following: (a) the Defendant’s late mathio was divided; (b) the extent of damage was relatively small; and (c) the victims agreed with each other; (d) the long-term detention of the Defendant might involve a difficult situation for his family members; and (e) the Defendant’s age, environment, occupation, etc., which are conditions for sentencing specified in the trial proceedings.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 332 and 329 of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the facts constituting an offense;