상습절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (a prison term of eight months, confiscation) is too unreasonable.
2. The judgment defendant has already been sentenced to a suspended sentence for the same criminal record as that of the same law.
The crime of this case was committed several times over a short term, and its quality is not good.
This is disadvantageous to the defendant.
However, the Defendant reflects the instant crime and makes it difficult for the Defendant to repeat the crime.
Most of the victims agreed with the defendant, and most of the victims wanted to leave the defendant's ship.
There are families to be supported by the defendant, including the mother with mental disorder 3.
This is the circumstances favorable to the defendant.
In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence imposed by the lower court on the Defendant is deemed to be unfair because it is too unreasonable, given that the sentence imposed by the lower court is too unreasonable.
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.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. On the grounds delineated in the judgment of unfair sentencing prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act, the sentence is to be determined as per the disposition, on the same grounds as examined in the judgment of unfair sentencing.