특수절도등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.
2. As the judgment of the court below pointed out, the Defendant’s crime of this case is not easy to commit the crime, such as the nature and circumstances of the crime, but the CCTV does not operate and committing the crime is also intelligent.
In addition, considering the fact that a number of criminal offenses were committed by the Defendant, and the same criminal records were seven times and the sentence of imprisonment was imposed six times among them, and that the Defendant, despite the objective evidence and circumstances in the police and the prosecution, continued to evade the responsibility by the vindication, there is a need to punish him/her corresponding to the punishment.
However, there are favorable circumstances such as the following: (a) the damage of the crime of this case is relatively minor; (b) the defendant's living cost was reduced during the period of annual leave of absence; (c) the defendant committed the crime in the process of the original trial and the trial; (d) the defendant recognized the crime in the process of the trial at the original trial; (c) the victim has been given considerable damage recovery and agreed on the part of the defendant; (d) the defendant was arrested and detained for more than seven months; and (e) the defendant appears to have been given an opportunity for her own personality and reflectness while being detained for more than seven months; and (e) the defendant submitted several statements of reflect, etc., he appears to have supported his spouse and other family members; and (e) the defendant appears to have supported his spouse and other spouse of the defendant.
On the other hand, although there are many criminal convictions for the defendant, the most recent criminal convictions of 2007 and the criminal punishments of 2007 have been completed, there are no criminal records as well as investigation experience, and the social ties are maintained through spouse and children.