절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Summary of Grounds for Appeal
The sentencing of the court below (one year of imprisonment) is too unreasonable.
Judgment
In light of the following circumstances: (a) the Defendant had been already punished five times for the same kind of crime (including two times of suspension of execution of sentence); (b) the Defendant continued to commit the same kind of crime on July 16, 2012, which was investigated by an investigative agency on July 16, 2012, which was held in the judgment of the court below; or (c) the Defendant committed the same crime at the same time; (d) the Defendant was committed against the Defendant at a disadvantage; (e) the Defendant’s confession of all the instant crime; (e) the victims’ damage was not significant; (e) the victim K was temporarily returned; (g) the Defendant was physically handicapped (class 3 of intellectual disability); (e) the Defendant was physically handicapped; (g) the Defendant had no record of punishment by sentence; and (g) the motive and circumstances leading up to the instant crime; (g) the Defendant’s age after the crime; and (g) the Defendant’s age, character and conduct, etc., and the conditions of sentencing specified in the records and arguments of this case.
Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Article 329 of the Criminal Act which choose punishment, Article 330 of the Criminal Act, Article 342 of the Criminal Act, and Articles 330 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;