절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The seized USD 20 (U.S. dollars) 2, USD 5 (U.S. dollars) 1.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.
2. The judgment of the court below also needs to be punished in light of the fact that the defendant committed the crime of this case repeatedly despite the fact that the defendant had been sentenced to habitual larceny punishment and had been sentenced to repeated punishment. However, the amount of damage to the crime of this case is merely 61,398 won, and the victim is returned to the victim and there is no profit for the defendant, and the defendant committed the crime of this case in an urgent manner with the intent to seek money as soon as possible as the health of 3rd villages living together with the defendant has deteriorated, and it seems that the defendant living in an difficult environment where he lost his parents and her money, which seems difficult to spread the suspicion of the crime, seems to be difficult, and there is a high possibility that the defendant's age will change, and the defendant will continue to do so again with a new person. Considering the overall circumstances such as the defendant's age, age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime of this case, it seems that the court below's unfair punishment is unreasonable.
3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 329, 342, 329, and 319 (1) of the Criminal Act concerning the crime;
1. Selection of imprisonment with prison labor chosen;
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;
1. Article 333 (1) of the Return Criminal Procedure Act;