야간건조물침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The case of theft of a structure by habitually destroying a locking device or by any other means, etc., which causes a theft of an object at night; the same shall not apply to the case where the frequency of the crime is not much specified and the nature of the crime is light of the risk of the method of the crime;
However, considering the fact that the damaged goods are most foodstuffs, damage is relatively minor, intrusion upon a place other than residence, reflects the crime, and other reasons for sentencing indicated in the arguments and records of this case, the punishment sentenced by the court below is unreasonable.
Defendant’s assertion is with merit.
3. If so, the defendant's appeal is reasonable. Thus, 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.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 32, 329, 330, and 331 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;