절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The Defendant had a large number of criminal records of the same kind, and the instant crime was committed in order to steal 12t near 12,00,000 won of the market value of the victim, which caused D by deceiving D as if he was a legitimate seller, thereby causing property loss or damage not only to the victim but also to D, and thus, the nature of the crime is not weak, and even if the scale of damage is small, the Defendant did not compensate for damage until the trial. Thus, the Defendant’s sentence is inevitable.
However, in full view of the following facts: (a) the Defendant was sentenced to a fine in 2007, after having been sentenced to a fine, the Defendant had no record of punishment and committed a second offense against his own mistake in depth; (b) the Defendant’s health and economic conditions are not good; (c) the Defendant’s health and economic conditions are under hospital treatment; and (d) other conditions of sentencing as indicated in the record, such as the Defendant’s age, character and conduct, and environment
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 evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
Articles 329 and 34(1) of the Criminal Act