절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, a punishment shall be imposed for a period of two years from the date this judgment becomes final.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too heavy or too unhued (the Defendant).
2. We also examine the judgment and prosecutor’s improper claims for sentencing.
First, I examine the unfavorable circumstances.
The crime of this case was committed by the defendant himself.
The nature of the crime is poor by taking advantage of the trust relationship with the E, and the amount of damage is not only a large amount, but also the mental impulse suffered by E by the actual victim is also reasonable.
Since crimes against the elderly who are physically disadvantaged people become a big social problem, it is necessary to punish them strictly.
Even after the occurrence of the crime, the Defendant permitted E to withdraw cash even after the occurrence of the crime, but did not recognize the mistake while trying to conceal the crime, such as: (a) reporting with respect to the failure of the elderly spirit; or (b) keeping the withdrawn money without using the withdrawn money; and (c) returning it immediately.
However, the defendant is the first offender who has no record of punishment, and then acknowledges the crime of late late and reflects the mistake.
In the lower court and the trial court, it seems that most of the damages would have been recovered by depositing KRW 42.5 million for E, and the police seized at the Defendant’s home did not return to E or the victims, and the cash withdrawn by the Defendant was converted into a check (section 331 of the investigation record) and thus, it cannot be ordered to return the cash. Thus, the part of KRW 2 million cannot be deemed as having been recovered.
In light of such favorable circumstances, the defendant's age, sex, environment, and other favorable sentencing conditions as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable despite the above unfavorable circumstances.
Therefore, the defendant's argument is reasonable, and the prosecutor's argument is reasonable.