A defendant shall be punished by imprisonment for four months.

2. On April 13, 2012, the Defendant had a record of criminal punishment several times for the same crime, and on April 13, 2012, the Daegu District Court sentenced 1/1 year of imprisonment with prison labor and 200,000 won of a fine for night building, intrusion, larceny, etc., and completed the execution of the sentence, and committed each of the instant crimes under the same veterinary law again, even after

However, the defendant recognized the error of the crime of this case and is in depth against it.

In this case, it is also recognized that the circumstance where the extent of damage to the crime of this case is not significant, such as the defendant's crypance, theft of boom and half, and without permission, return of the vehicle to the victim, etc.

In the first instance, the victim does not want the punishment of the defendant by mutual consent with the victim.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is somewhat inappropriate.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of 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. Article 330 of the Criminal Act, Article 331-2 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the same Act, applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;