특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years of imprisonment) is too unreasonable;
2. It is true that the criminal liability of the defendant who committed habitual larceny of this case again during the period of suspension of the execution of the same kind of crime is not easy. However, it is against the confession of the defendant, and the contents of the crime are only that the defendant stolen three mobile phones over three times from the sobry point of view. In full view of all the circumstances, including the motive, method, means and consequence of the crime shown in the record, the punishment sentenced by the court below is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act by combining the relevant provisions on the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;