절도
The judgment below
Among them, part of each crime except for the crimes of No. 1 in the judgment of the case 2019 order805 shall be reversed.
1. The summary of the grounds for appeal (one month of imprisonment and five months of imprisonment for the remaining crimes) of the lower court’s punishment (one-month imprisonment and five months of imprisonment for the remaining crimes as indicated in the holding of the case 2019Dadan805) is too unreasonable.
2. Determination
A. The part of the judgment of the case No. 1 (one month of imprisonment) as to the crime of this case in the judgment of the case No. 2019Da805 (the part concerning one month of imprisonment) is recognized and against the Defendant, the Defendant agreed with the victim B that the said victim would take the Defendant’s seat against the Defendant, and the crime of this case is in the concurrent relationship between larceny for which the judgment became final and conclusive on November 14, 2018 and the latter part of Article 37 of the Criminal Act, and thus, the equity with the case should be considered to be judged
On the other hand, the defendant has already been subject to criminal punishment on several occasions, and the fact that he has recently been subject to four times or more of criminal punishment for the same kind of crime is disadvantageous to the defendant.
In full view of the above circumstances and other various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing on this part is without merit.
B. The part of the remaining crimes (one-month period of imprisonment) has already been subject to criminal punishment several times, and the defendant has recently been subject to punishment four times for the same kind of crime, and in particular, he/she again committed larceny crimes without being aware of the fact that he/she had been under the suspension of execution and probation for the same kind of crime, and is disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized each of the crimes of this case and reflected against the defendant, and that the victims agreed with the victim'sO and R during the trial and agreed with all the victims, etc. are in favor of the defendant.
The above circumstances and circumstances.