특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The sentencing of the lower court (two years and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The Defendant had a record of punishment such as imprisonment with prison labor for the same kind of crime and, in particular, committed the instant crime during the period of repeated crime for the same kind of crime.
However, in full view of the fact that the amount of damage except the victim D and IK is relatively large, and that the victim I and K were returned to the victim I and K among them, M and Q do not want to be punished against the defendant, and other various circumstances, including the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the sentencing of the court below is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.
[Re-written judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below.
Application of Statutes
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the point of larceny for repeated crimes), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act (the point of attempted larceny for repeated crimes), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of unauthorized Driving and the choice of imprisonment with prison labor) concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes within the limit of the proviso of Article 42 of the Criminal Act concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victims K with the largest penalty];