절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. The judgment of the court below, although the defendant had already been punished by a fine several times due to the same crime as the crime in this case, and the victims did not receive a letter from the above victim because they agreed with E, the defendant seems to have suffered from mental illness, such as a re-regrative depression disorder, yellow disorder, etc. while living under confinement near six months due to each crime in this case. The defendant suffered from mental illness, such as re-regrative depression disorder, and yellow disorder. It seems that the defendant living together with his father who is a basic living recipient without occupation is very difficult in living conditions, and the above victim expressed his intention that he does not want the punishment of the defendant among the victims, and other various circumstances, such as the motive and circumstance leading up to each of the crimes in this case, the defendant's age before and after the crime, character and behavior, etc., are considered to be somewhat unfair.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (Special Considerations in favor of the defendant as seen in the preceding);