A defendant shall be punished by imprisonment for not less than eight months.

A. At the time of the instant crime, the Defendant was physically and mentally weak due to the urology, urology, urology, urology, and so on.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, the Defendant committed the instant crime under the lack of the ability to discern things or make decisions at the time of the instant crime.

Therefore, this part of the defendant's assertion is not accepted.

B. As to the wrongful assertion of sentencing, the fact that the defendant was sentenced to a suspended sentence due to the same criminal act under the same law and committed the instant crime under the same law during the suspended sentence, and the risk of theft and theft of goods by intrusion upon the dwelling, etc. are disadvantageous circumstances.

However, considering the favorable circumstances such as the fact that the defendant agreed to pay 1.5 million won in excess of the value of the goods to the victim at the investigation stage, the defendant's health condition appears not to be sufficient to the extent of mental and physical weakness, the criminal records of the same kind of crime are only one time before the above suspension of execution, confession, and reflect, the sentence imposed by the court below is too unreasonable, and thus, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

1. Aggravation concurrent crimes;