특정범죄가중처벌등에관한법률위반(절도)등
The judgment below
Part 1 and 3 of the judgment (including the part on the return of the victim) shall be reversed.
Defendant No. 1.
[Judgment as to the Reasons for Appeal] The sentencing of the court below (the first and the third crimes at the time of the appeal: imprisonment with prison labor for 2 years, and the second crimes in its holding: imprisonment with prison labor for 2 months) is too unreasonable.
With respect to the first and third crimes of this part of the judgment of the court below on the assertion of unfair sentencing, each of the crimes in this part is habitually 21 times a defendant stolen the total amount of the victims' property and acquired the stolen another's debit card from the victims by using it twice as if the defendant was the legitimate owner. In light of the content, motive, frequency and period of the crime, means and method of the crime, damage amount, etc., the liability for the crime is not easy in light of the content, motive, method and method of the crime, damage amount, etc.
In addition, the defendant has several historys of punishment for larceny, and the defendant committed each part of the crime during the suspended sentence of larceny (the suspended sentence of imprisonment with prison labor in the Daejeon District Court on October 23, 2013 was sentenced to two years of the suspended sentence of imprisonment with prison labor in the Daejeon District Court on August 23, 2013 and the judgment became final and conclusive October 31 of the same year). Therefore, it is inevitable to sentence the defendant to the punishment.
However, for the first time in the trial, the defendant agreed with seven (including the applicant for compensation) from among the 21 victims of the larceny, and seven of the remaining victims deposited the total of KRW 100,000 to KRW 300,000,000,000 as the deposited person, and upon the confirmation of the imprisonment due to each of the crimes in this part, the suspension of execution becomes null and void, the fact that the defendant's mistake is recognized and contradictory to the defendant, and all other circumstances that form the condition of the sentencing specified in the instant case, the sentence of the court below is too unreasonable. Thus, this part of the defendant's assertion is justified.
As to the second crime in the holding of the court below, there are circumstances favorable to the defendant, such as the fact that the amount of damage caused by each fraud in this part is only 310,500 won, and that the defendant has no same criminal record, and that the defendant recognizes and reflects the mistake.
However, each of the crimes committed by the defendant has been stolen.