야간건조물침입절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. The judgment of the court below committed the crime of this case even though the defendant was sentenced to 10 months of the suspended sentence after being sentenced to 10 months of the suspended sentence, and committed the crime of this case, which committed the crime of this case even though he was under the suspended sentence after being sentenced to 10 months of the suspended sentence, and the fact that the crime of this case was committed by intrusion on department stores at night and stolen and stolen things, which was highly interviewed by the law of the number of crimes of this case, is disadvantageous to the defendant, but the total amount of damages caused by the crime of this case is not much significant, the victims and the victims have agreed to recognize and improve their own problem, and it is against the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and result, etc., and all of the various sentencing sentencing conditions
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each 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. Article 330 of the Criminal Act concerning the facts constituting the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;