절도등
The judgment below
Part 1 of the judgment is reversed.
A person shall be punished by imprisonment with prison labor for not less than three months for the first offense against a defendant.
1. The summary of the grounds for appeal (the first offense: imprisonment with prison labor for three months, and the second offense: imprisonment with prison labor for six months) declared by the court below is too unreasonable.
2. Determination on the grounds for appeal
A. As to the grounds of appeal against the crime No. 1 of the holding, each of the crimes of this case committed by the Defendant by intrusion upon another person’s residence, and thus, theft of the victim’s consciousness is not the case’s liability.
However, the defendant recognized the crime of this case and is against the truth of his mistake, the damage is minor, the victim does not want the punishment against the defendant, the defendant's previous convictions occurred after all of the crimes of this case. On May 30, 2018, the defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor due to night buildings, intrusion and larceny, which are concurrent crimes with each of the crimes of this case.
In addition, when comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the means and consequence thereof, the circumstances after the commission of the instant crime, etc., and the sentencing conditions indicated in the record, the sentence of the lower court that sentenced the Defendant for three months of imprisonment for the instant crime No. 1 is somewhat unreasonable.
B. The circumstances favorable to the Defendant are the following: (a) the Defendant, who made a judgment on the grounds of appeal against the second crime, led to the confession of the instant crime and seriously reflects his mistake; and (b) the amount of damage is relatively minor.
However, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor due to night building intrusion theft, and committed the crime of this case during the suspension of the execution period, even though he had had had the record of punishment for larceny, he was going to commit the crime of this case again, and did not recover damage, and did not have been sentenced to the punishment from the victim.
In addition, the age, character and conduct, the environment, the motive and background leading to the crime of this case, the means and consequence thereof, and other conditions of sentencing, such as the circumstances after the crime.