절도
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
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 Defendant: (a) opened a door of a vehicle that is not corrected and committed a theft of cash, etc. on two occasions around July 2019; (b) even if having received a summary order on two occasions at around June 2019, the Defendant repeated the instant crime under the same water law from June 2019 to October 2019.
However, the damaged article of the 2019 Highest 1489 was returned to the victim, and the defendant paid the damaged amount to all the victims of the 2019 Highest 1282 case, and agreed to the victim and the victim.
The defendant has been punished for a period of time exceeding a fine, which goes against the defendant's life in prison for about three months, and there is no record of punishment exceeding a fine.
In full view of the aforementioned circumstances, Defendant’s age, living environment, motive, means and consequence of the crime, and criminal records (four times of a fine by the same kind), the sentence of the lower court is unreasonable.
3. When the defendant, ex officio, files an appeal against a conviction, a compensation order shall be transferred to the appellate court along with the accused case pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if he does not object to the compensation order.
According to the records, the defendant paid the amount of damage to the applicant for compensation at the court of the original instance and agreed smoothly with the applicant for compensation at the court of the original instance. Since the existence or scope of the defendant's liability for compensation against the applicant for compensation at the court of the original instance is not clear, the part of the compensation order at the court of the original instance cannot be
4. According to the conclusion, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows. The part regarding the compensation order for the applicant for compensation among the judgment below is above.