상습절도등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and four months.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one hundred months of imprisonment) is deemed to be too uneasy and unfair.
2. The judgment that the defendant recognized all of the crimes of this case and against his mistake, and that the victim of the crime of embezzlement of deserted articles in possession does not want the defendant to be punished by returning damaged articles.
The statement, etc. is recognized.
However, the crime of larceny of this case was committed not only by the defendant's access to the drunk victim from subway but also by 16 times repeatedly using the physical card and the password of credit card that he had known to him, and also by repeatedly withdrawing the cash of the victim's account through 16,100,000 won in total, and taking cash services, and its nature is very poor in light of the content of the crime, method and degree of damage, etc. The crime of larceny of this case is committed not only by the agreement with the victim but also by any effort to recover from the damage even though the degree of damage is not so big. In particular, the victim does not necessarily have to make more efforts to obtain more severe punishment from the defendant due to additional damage due to the interest of the bank, etc., and the defendant is subject to criminal punishment for a considerable period of 10,000 won (including the de facto seven times) due to the theft crime of this case, but also by taking account of the social necessity of the defendant's recidivism relation and the possibility of repeated punishment of each of the larceny crimes of this case.