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.
except that, for three years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case is deemed to have committed a theft of or attempted to steals the victims’ property by habitually destroying the correction device at night 57 times between the two months and the three months, and by infringing upon their residence, and thus, the crime was considerably heavy in light of the method of crime, frequency of crime, the amount of damage, and the number of victims, etc., and the victim did not reach an agreement with the victims, and the damage was not recovered, and the Defendant has already been subject to juvenile protective disposition due to the crime of intrusion upon residence and special larceny. In light of the above, it is necessary to strictly punish the Defendant.
However, in full view of the following factors: (a) the Defendant led to the confession of the instant crime for up to six months by committing the instant crime; (b) the Defendant has no record of having been sentenced to imprisonment; (c) the Defendant’s family environment and economic conditions appears not to be good; and (d) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; (b) the motive and circumstances leading to the instant crime; (c) the circumstances before and after the instant crime; and (d) family relationship, etc., the sentence of the lower court’s judgment is deemed to be unreasonable, and thus, the Defendant’
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted 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 as to the crime and Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, 331(1), and 342 (Generally, Selection of Imprisonment) of the Criminal Act.