절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The instant crime requires a strict punishment against the Defendant by opening the top door of a truck not corrected over three times even though the Defendant had a large number of criminal records of the same kind (the 1975, the 1982 imprisonment, and the 2017 fines) but also opening the top door of the truck and cutting it over three times, and using the stolen card.
However, the value of the property that the defendant stolen or acquired is not so high, and the crime of this case constitutes a crime of living penalty.
The defendant had a period of time to reflect on the defendant's living in custody for about five months.
In full view of the aforementioned circumstances, Defendant’s age, living environment, motive, means, and consequence of the crime, etc., the sentence of the lower court is unreasonable.
3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Special Cases concerning Credit Financial Business, the choice of imprisonment or imprisonment for a crime;
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. The reasons for the reversal of the sentence under Article 62(1) of the Criminal Act are specified in the same sentence as the disposition, taking into account the circumstances in light of the reasons for the reversal of the sentence.