특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. In light of the overall sentencing conditions of the Defendant, the sentence of the lower court (three years and six months of imprisonment) is too unreasonable.
B. In light of all the sentencing conditions of the prosecutor, the sentence of the lower court is too unfasible and unfair.
2. The instant crime of this case regarding the grounds for appeal is that the Defendant habitually stolen electric wires worth KRW 25,50,000,000 at a construction site of three times together with C, who is an accomplice, and the Defendant has been punished four times for the same crime (three times of punishment and one time of suspended execution). In particular, on August 11, 201, in the Changwon District Court Msan branch, the Defendant was sentenced to imprisonment with prison labor of one year and six months for night building intrusion larceny and had completed its execution on September 17, 201, and repeated committing the instant crime of this case within the period of repeated crime, and thus, the Defendant should be punished strictly, in light of the fact that the Defendant committed the same crime of this case within the period of repeated crime.
However, all of the crimes of this case are recognized by the defendant, and their depth is divided in depth, and the victims do not want the punishment of the defendant in the trial, the defendant must support his wife and her children, the balance of sentencing with C, which is an accomplice, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions of Article 51 of the Criminal Act as shown in the records of this case, such as the circumstances after the crime, are unfair because the court below's punishment is too unreasonable. Thus, the prosecutor's assertion of unfair sentencing is without merit, and the defendant's assertion of unfair sentencing is with merit.
3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on the conclusion, and the following is ruled again after pleading.
However, the decision of the court below is reversed in light of the defendant's appeal.