절도등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a fine of three million won) is too unreasonable.
2. The judgment of the court below is based on the following facts: ① the Defendant stolen another’s mobile phone and credit card and stolen property from another person by using such credit card; ② the Defendant was sentenced to imprisonment with prison labor for a two-year period of suspension of execution at the Incheon District Court on March 28, 2013 and was sentenced to three years of suspension of execution due to special robbery at the Incheon District Court on March 28, 2013; ③ the Defendant committed each of the instant crimes without being aware of the fact during the suspension of execution; and ③ the Defendant did not agree with the victims.
However, in full view of the following: (a) the Defendant recognized each of the instant offenses; (b) the mobile phone, etc. was temporarily returned to the victim C out of the damaged goods; (c) there is no other penalty power other than the suspended execution; and (b) the suspended execution was revoked on the grounds of each of the instant offenses; and (c) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, criminal records, family environment, and circumstances before and after the instant crimes, the sentence imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The use of the corresponding legal provisions on criminal facts, Article 329 of the Criminal Act selection of punishment, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, and Article 70(1) of the Specialized Credit Financial Business Act.