상습특수절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.
Seized evidence 1 through 4 shall be confiscated, respectively.
1. The gist of the grounds for appeal is that of the lower court’s punishment (three years and six months of imprisonment) too unreasonable.
2. The defendant, in collaboration with his accomplice, has stolen the objects of the crime while getting on and off the vehicle, and then has destroyed and stolen the objects of the crime by destroying another person's vehicle. The criminal procedure of this case is very bad and bad, and multiple victims have occurred due to the crime of this case, and the total amount of damages is very large. The defendant has been punished several times for the same crime, and the crime of this case also committed during the period of repeated crime, it is reasonable to place the defendant with severe punishment.
However, there are extenuating circumstances such as the attempted attempt of a considerable number of the defendants, the profits acquired by the defendant through the crime of this case seems to be less than the actual amount of damage, and the defendant committed all the crime of this case. In particular, in the appellate trial, it is recognized that there are extenuating circumstances such as the restoration of damage to certain victims, the victim did not want the punishment of the defendant, and the defendant made efforts to recover damage, such as deposit part of the amount of damage for some victims.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all the sentencing conditions indicated in the records, such as the circumstances after the crime, the lower court’s punishment is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized 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. Criminal facts;