절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is a situation unfavorable to the defendant, where the defendant repeatedly steals precious metals worth 7.5 million won in total at the market price due to repeated weather that the defendant will work as a part-time and household rain in the victim's residence. In light of the circumstances leading up to the crime, degree of damage, etc., the crime of this case is inferior; the defendant committed the crime of this case during the period during which the crime of this case was suspended for the same kind of crime; and the fact that the defendant was not agreed with the victim until the trial is just
However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant deposited KRW 7 million in the victim’s future; (c) the Defendant’s health status is not good; and (d) the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime; (b) the means and consequence of the instant crime; and (c) the circumstances after the commission of the crime, the sentence imposed by the lower court seems to be somewhat unreasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence admitted by this court is as shown in each corresponding column of the judgment below in addition to the fact that the last page of the judgment of the court below (12.4.16:00 on December 4, 2012) is " around 16:0 on December 4, 2013," and the summary of the facts and evidence admitted by this court is as shown in each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (a heavier penalty than punishment prescribed for larceny on December 4, 2013), among concurrent crimes;