특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.
2. On the criminal facts in the judgment of the court below, the prosecutor ex officio made an application for changes in the indictment with regard to criminal facts as stated in the judgment of the court below, such as habitual larceny, and Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act, which are applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, were changed to "Articles 32 and 329 of the Criminal Act
3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again ruled as follows after hearing.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Relevant Article 332 of the Criminal Act, Articles 32 and 329 of the Criminal Act, Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor, respectively, shall be applicable to the crime;
1. The reason for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the crime of fraud around September 13, 2014, with the largest punishment and punishment) seems to be that all of the crimes of this case were led to the confession of all of the crimes of this case and reflects their mistakes, and some of the damaged items were returned to the victims, there was no record of criminal punishment in addition to the transfer of the juvenile protection case by the defendant three times, and there is no history of criminal punishment in addition to the transfer of the juvenile protection case by the defendant. The fact that the defendant is likely to improve his/her character and behavior as the young
However, the period of the instant crime is relatively long.