야간건조물침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall obtain money from the applicant for compensation on 282.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable.
2. Determination
A. Each of the crimes of this case regarding the Defendant’s assertion of unfair sentencing should be strictly punished in light of the following: (a) each of the crimes of this case involving the Defendant’s intrusion on a structure three-times or at night, stolen cash, etc., and used the stolen credit card on eight occasions; (b) the Defendant, who sold merchandise coupons, etc. via the Internet website, obtained the total amount of KRW 3.80,000 from two victims; and (c) the Defendant had already been subject to criminal punishment for identical crimes; and (d) the Defendant committed each of the crimes of this case during the period of repeated offense.
On the other hand, on the other hand, the following facts are considered as favorable to the defendant: (a) the fact that the defendant recognized each of the crimes of this case and against the mistake; (b) the victim F, I, and C did not express or want to be punished (the victim F, 54,88 pages, the trial records 67 pages); (c) the total amount of damage to the theft and fraud is relatively small amount; and (d) economic difficulties, etc. are likely to lead to each of the crimes of this case; and (b) the court below's punishment is deemed to be unfair on the other hand, comprehensively taking into account the circumstances leading to the crime of this case, the age of the defendant, character and conduct, and the various sentencing conditions shown in the records and arguments of this case, including the background of the crime
B. According to the evidence duly adopted and investigated by the court below, the defendant can be found to have acquired 282,00 won from the applicant, so the defendant is liable to pay the above money to the applicant for compensation.
Provided, That damages for delay, transportation expenses, etc. for the money requested by the applicant shall be criminal acts.