특수절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
date of seizure (No. 4) Raberber (No. 4).
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. The crime of this case, which committed the crime of this case, shall not be deemed to have stolen another person's property, by damaging the entrance at night and impairing the structure.
In particular, the Defendant committed the instant crime without being able to do so during the period of repeated crime.
However, the amount of damage is not high, and the defendant is recognized as all his own crime and is in violation of depth, and the defendant fully pays the amount of damage to the defendant and has reached an agreement with the victim smoothly. In full view of these circumstances and the defendant's age, sex, environment, motive, means and consequence of the crime, the punishment of the court below is too unreasonable, taking into account various sentencing conditions shown in the argument of this case, including the circumstances after the crime.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;