절도등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and ten months.
Seized evidence No. 1 (the Jeju District Public Prosecutor's Office.)
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.
2. In light of the method and frequency of each of the instant offenses, the degree of damage recovery, etc., it is recognized that the nature of the offense is not good, that the Defendant had the record of criminal punishment for the same kind of larceny, and that the Defendant committed each of the instant offenses during the period of repeated offense.
Meanwhile, in full view of the fact that the defendant showed the attitude of recognizing and opposing each of the crimes in this case, and that some of the damaged items of each of the crimes in this case were restored to the victims, and the defendant's age, sexual conduct, environment, motive and circumstance of each of the crimes in this case, means and method, and circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable and unfair. Thus, the defendant's improper assertion 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, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, Article 360 (2) and Article 331 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act, Article 70 (1) 3 of the Act, Article 70 (1) of the Act, Article 70 (1) 3 of the Act, Article 70 of the Act, Article 30 (1) of the Act, Article 30 of the Act, Article 352 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 3 of the Act, Article 352 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 37 (1) of the Act, each of the following charges, concerning the relevant facts of a crime.