야간건조물침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. In the judgment, the defendant was sentenced to one year to four months of the suspended sentence due to intrusion upon a structure at night in 2016, and was sentenced to one year of the suspended sentence, but again committed the same kind of crime repeatedly, even if he was not detained due to some of such crimes and was arrested in the act of committing the crime continuously. The defendant committed several repeated crimes against the same victims. In particular, in the case of the suspended sentence, the victim who was under the written agreement was found to have been punished again, and the damage was not recovered, and the victims desire to punish the defendant, etc. are disadvantageous to the defendant.
On the other hand, however, the defendant seems to have committed each of the crimes of this case in the absence of any family member who is unable to perform or will to perform a work due to health, and there is a favorable circumstance for the defendant, such as the fact that the amount of damage is not large, and that his mistake is recognized as a whole and is in profoundly against the defendant. In addition, considering all the sentencing conditions of the defendant in the arguments of this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, the court below's punishment is too unreasonable.
Therefore, the defendant's above assertion is justified.
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 defendant's appeal is again decided as follows.
[Grounds for the judgment below] The facts constituting an offense and summary of evidence acknowledged by the court below and summary of evidence are identical to the facts constituting an offense in the judgment below in addition to correcting "the above paragraph (7) (No. 1)" as "the facts constituting an offense in the judgment below No. 2)" as "the facts in the judgment below," and thus, it is identical to each corresponding column in the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.