절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.
2. The instant crime committed by the Defendant, who was an insurance solicitor, was aware of being a customer, stolen an insurance card by abusing the fact that the victim C, who was aware of the fact in the domestic situation of the Republic of Korea of the Joseon-do, and then withdrawn money from the ATM instrument under the terms and conditions loan. The method of crime was not sufficient to have an interview with the method of crime and to commit a crime, and even though the amount of damage suffered by the said victim was a considerable amount, most of the damage was still not recovered, so the Defendant cannot be exempted from punishment.
However, in full view of the fact that the defendant had no record of punishment and the mistake is divided, that the court seems to have made efforts to recover damage, such as transferring the defendant's right to return the lease deposit to the victim C in the trial, and that all the sentencing conditions in the records and arguments in this case, the sentence imposed by the court below is somewhat unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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
Selection of Punishment and Punishment
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 231 of the Criminal Act, Articles 231 of the Criminal Act, the choice of punishment for each crime;
1. The Criminal Act among concurrent crimes.