특수절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for two years from the date of the final judgment.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum term of one year and a short term of eight months) of the lower court is excessively unreasonable.
2. It is recognized that the Defendant had seven times the record of obtaining juvenile protective disposition, and that the instant crime was committed by larceny at the relative or the house of the father in a trust relationship with the Defendant, and thus, the nature of the crime is not good and that the damage of larceny against the victim D has not been recovered.
However, in light of all the circumstances, such as the fact that the defendant is a juvenile of 16 years of age who is the 16 and has committed the instant crime to raise living expenses by leaving home, there is no criminal conviction against the defendant, and the defendant is detained in prison for five months up to the trial, and the fact that the stolen goods from the victim I were temporarily returned, the total amount of damage is not more than 3.5 million won, and the defendant's character and behavior, family environment, motive, means and method of the instant crime, and the circumstances after the instant crime, the sentence of the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The main points of the judgment of the court below are as follows.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 331 (2) and (1) of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the crime;
1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;
1. Probation under Article 62-2 of the Criminal Act;