절도등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant repeatedly committed each of the instant crimes during the suspended execution period after having been sentenced to a two-year suspended sentence of imprisonment with prison labor for larceny on July 27, 2015 on August 4, 2015, the aforementioned judgment became final and conclusive on August 4, 2015, etc., the Defendant’s liability for the crime of this case
However, since 10 years ago since the business failure, the Defendant appeared to have been sleeped, along with these symptoms, such as bipolar disorder, and was hospitalized several times, and the Defendant was punished twice by a fine, and once by a suspended sentence of imprisonment with prison labor from 2009, and most of these crimes were committed with things in the burial as in this case, it seems that the Defendant’s mental disorder or character defect affected the Defendant’s crime.
Part of the instant crime committed was attempted, or immediately damaged goods were recovered at the site, and there was no substantial damage, and deposited the amount equivalent to the remaining damaged goods at the trial.
When considering the fact that the defendant's wife, as the guardian of the defendant, is to do his best to treat the defendant's mental illness, and the defendant's wife wants to leave his wife against the defendant, it is somewhat harsh that the defendant's wife should be sentenced to imprisonment with prison labor for not more than four months after the suspended sentence is invalidated and the sentence of the above suspended sentence is imposed.
In full view of such circumstances and other circumstances as Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable and unfair (in addition to the treatment and custody, which is the confinement disposition that deprives of physical freedom, the court shall add the treatment to the defendant in lieu of the punishment or punishment in the criminal procedure in addition to the treatment and custody, which is the confinement disposition that deprives of personal liberty.