절도등
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) is too unreasonable as to the gist of the grounds for appeal.
2. In light of the fact that the Defendant committed each of the crimes of this case during the period of repeated crime, the victims are many, and the method of crime is intelligent and has not been recovered from damage, a strict punishment should be imposed.
However, after July 2015, the Defendant had been discharged from the factory, and had an accident that was cut down on around October 2016, and caused disability to the bridge, but failed to properly treat the bridge due to the lack of circumstances. In order to prepare hospital expenses and living expenses, each of the crimes of this case was committed, and the circumstances were taken into account; the amount of damage was not much than 2.5 million won; the thief did not want the punishment of the Defendant; the thief did not want the punishment of the Defendant; the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime were committed; and the sentencing conditions as shown in the records and arguments of this case are considered, the lower court’s punishment is deemed unfair by taking into account the following factors.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment for the crime (a point of intention) and Article 347 (1) of the Criminal Act (a point of fraud) and each choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;