절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of reasons for appeal: The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. The judgment of the defendant had the record of having been sentenced several times due to the same crime, but the repeated crime has commenced once again after the end of the repeated crime period, and one-time "vehicle hair" crime has been committed several times through the same several methods. The fact that the frequency of the crime is large and the amount of damage is not small, and that considerable damage is deemed to have been restored due to the arrest of the defendant rather than the voluntary repayment of damage by the defendant, and that the defendant's seizure of the damaged goods is disadvantageous to the defendant.
However, in the case of a party, the defendant agreed with 15 thieves among thieves and 6 thieves, and most of the losses were recovered.
In addition, in full view of all the sentencing conditions in the instant case, such as the character, conduct, environment, family relationship, circumstances and result of the crime, etc., the sentence sentenced by the court below is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant criminal facts, Articles 329 (a thief) and 342, and 329 (a thief¡¯s attempted larceny) of the Criminal Act, the applicable law of the crime, the choice of punishment, and the choice of imprisonment, respectively;
1. On the grounds as examined in the argument of unfair sentencing prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment shall be determined as per Disposition, for the same reasons as examined in the argument of unfair sentencing.