특정범죄가중처벌등에관한법률위반(절도)
The part of the judgment of the court of first instance against the defendant shall be reversed.
The punishment of the accused shall be determined by two years.
1. The summary of the grounds for appeal is unreasonable. 2. The instant crime of this case’s judgment falls under two to four years of imprisonment (the basic area of larceny in general and repeated offenses).
Although there have been a history of punishment several times due to a similar type of crime committed against the defendant, as well as the fact that the defendant committed the crime of this case during the period of repeated crime, there are conditions for sentencing unfavorable to the defendant. However, considering not only the conditions for sentencing favorable to the defendant, such as the fact that the damaged goods have been temporarily returned and the damaged damaged goods have been recovered, the defendant has a long age of 70 years or more, and the defendant has a deep variety of perceptions, as well as the various conditions for sentencing such as character, behavior, family form, and circumstances before and after the crime, it is recognized that the first instance court's imprisonment with prison labor for three years sentenced to
3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, 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, the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 331(2)1 of the Criminal Act, which aggravated repeated crimes, is the proviso to Article 35 and the proviso to Article 42 of the Criminal Act.
1. Articles 53 and 55(1)3 (see, e.g., Articles 55(1)3) of the Criminal Act for mitigation of amount; 1. Article 48(1)1 of the Criminal Act for forfeiture