특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Summary of Grounds for Appeal
The punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable.
However, even though the defendant committed the crime of this case again during the period of repeated crime due to the same criminal act, the frequency of the thief crime is limited to two times, the victim of the thief, the agreement with the victim of the thief, the depth of the thief, the inconvenience of the thief, and all the sentencing conditions, including the defendant's age, family relation, criminal record relation, character and conduct, environment, motive and circumstance of the crime, means and method of the crime, circumstances after the crime, etc., are considered to be unreasonable. Thus, the above argument by the defendant is justified.
3. 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 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. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 329 of the Criminal Act, subparagraph 1 of Article 81, Article 10 (2) of the Automobile Management Act, Article 238 (1) of the Criminal Act, and Article 238 (2) and (1) of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of larceny and the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violating the Motor Vehicle Management Act on the early November 201, and the punishment on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment, shall be punished, but choice of limited imprisonment
1. Selection of imprisonment with prison labor concerning a crime of violating the Net Motor Vehicle Management Act on November 2011, when a sentence has been imposed;
1. Article 35 of the Criminal Act among repeated crimes.