상습절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.
2. It is unreasonable that the lower court’s punishment is too unreasonable in light of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, the environment, the background and consequence of the instant crime, and the circumstances of the instant crime, etc., based on the following: (a) the number of times of the commission of the crime (five times); (b) a part of the crime was committed by intrusion on a store; (c) the Defendant was committed by destroying and damaging the entrance; (d) a suspended sentence due to the same kind of crime; and (e) a criminal record and juvenile protective disposition; and (e) the Defendant committed each crime during the period of suspended execution due to the same kind of crime; and (e) the Defendant is led to confession; and (e) the Defendant is the first
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 the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 332, 331(1), 330, and 329 of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., grounds for reversal);