특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is excessively unreasonable.
2. The instant crime committed by the Defendant needs to be punished with severe penalty corresponding to the liability for the instant crime, in light of the fact that the Act on the Punishment of Crimes was professional and the frequency of the crimes, and the victims’ damage was not recovered even though the amount of damage caused by the instant crime was not substantial.
However, in the process of investigation, the defendant actively cooperates in the investigation, and the court below and the party administration are also the time of the crime of this case, and the defendant seems to have been detained for more than four months up to the trial court. The contents of the crime of this case are the network during the course of theft by C, who is an accomplice, and even though his role is unhutiled, C would not be subject to any separate punishment for the crime of this case against the crime of this case by being punished for habitual larceny around 2011. It seems that punishment for the crime of this case goes against the somewhat equitable equity. The crime of this case of this case is all criminal facts and concurrent crimes under the latter part of Article 37 of the Criminal Act, which are concurrent crimes under the former part of Article 37 of the Criminal Act, and the crime of this case should be mitigated or exempted in consideration of the age, character and conduct, circumstances, motive, motive, means, result, etc. of the crime and circumstances before and after the crime of this case.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The Court's explanation on the summary of the evidence.