절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. On December 20, 2017, the judgment of the Defendant was sentenced to a two-year suspended sentence of imprisonment for habitual larceny in the Suwon District Court’s Ansan Branch, which was sentenced to a two-year suspended sentence on the grounds of habitual larceny, and the Defendant committed the instant crime in addition, even though he was sentenced to a fine by being tried for habitual larceny during the suspended sentence period, the Defendant continues to commit the same offense without being among the persons, and continues to resume the same offense.
On the other hand, the fact that the defendant recognized the crime of this case, the defendant agreed with the victim at the court below after the decision of the court below, and the victim wanted to find the defendant's wife at the same time, the defendant suffering from mental illness such as shock disorder and this seems to have led to the crime of this case, the defendant's parents want to treat the above mental illness of the defendant and to live well, and the defendant want to live well, and the staff of the Korea Rehabilitation Agency in charge of employment support business for probation officers also want to leave the defendant's wife.
In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
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.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime;