특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Daegu District Prosecutors' Office No. 229, 2014.
1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.
2. The judgment is the circumstances favorable to the defendant, such as the fact that the defendant again commits the instant crime within the period of repeated crime of the same crime, that the damage has not been recovered properly, that is, the circumstances unfavorable to the defendant, or that the defendant repents and reflects his mistake, and that the amount of damage is relatively small.
In full view of these circumstances, the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each 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. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Comprehensively taking into account the conditions of sentencing prior to the reasons for sentencing under Article 333(1) of the Refund Criminal Procedure Act, the sentence shall be determined as per Disposition within the scope of the recommended sentencing guidelines (two to four years of imprisonment, which is the basic area of the first category of habitual and repeated larceny (general and repeated larceny)).