상습절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence 1 to 3 shall be confiscated.
1. The sentence imposed by the lower court (one year and ten months) on the gist of the grounds of appeal is undue.
2. The judgment of the defendant committed each of the crimes of this case on only one month after release even though he had been punished several times due to the same crime, and the crime was committed by destroying the victim's residence's suicide and intrusion upon his residence, which is disadvantageous to the defendant.
On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant has led to the confession and reflect of all the crimes of this case, the fact that the number of crimes appears to have been committed due to living conditions due to the poor health of families, the number of crimes was limited to four times in combination, and the amount of damage was relatively small, the court below agreed with two victims from among the victims in the first instance, and there was an additional agreement with one victim from among the victims in the first instance, and it appears that the remaining victims have made efforts to reach an agreement with one victim.
In light of such circumstances and other circumstances as the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, the punishment sentenced by the court below is somewhat inappropriate and unfair.
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 it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;