절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence No. 25 shall be forfeited from the defendant.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Not only has the record of having been punished by a fine due to other crimes, but also the defendant committed the crime of this case repeatedly without being aware of the punishment even though he was punished by a fine due to the same theft crime at the time of the crime of this case. The crime of this case was committed by the defendant, who intrudes on the vehicles of many victims, such as victims E, L, etc., for a short time, and took them away, and without going through the process of acquiring the lost cell phone from the victim G and returning it to the owner. The crime of this case is not adequate in terms of the law of crime, circumstance, and crime. The gains that the defendant acquired from the crime of this case are not significant, and the victims have not been recovered properly until the victims have suffered losses, and the defendant has been punished by 14 days by dump reduction and dump in a detention house during the detention period.
However, the Defendant did not have any history of punishment exceeding the fine prior to the instant case, and seems to have been prevented from committing the instant crime due to the economic situation at the time. It is difficult to view that the damages suffered by the victims due to the instant crime were excessive, and some victims seem to have been partly recovered from the stolen goods during the investigation process, the Defendant divided and reflected his mistake, and all other sentencing conditions such as the Defendant’s age, environment, character and conduct, etc., the lower court’s sentencing is deemed to be too unreasonable, and therefore, the Defendant’s above 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, and the following decision is rendered after pleading.