야간주거침입절도등
2. Judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The summary of the reasons for appeal is that the punishment of the original court (the first instance court: the imprisonment of 2 months for the crimes of 1 to 3 as stated in the original judgment; the imprisonment of 2 months for the crimes of 4 as stated in the original judgment; the imprisonment of 1 month for the second instance) is too unreasonable.
2. Determination
A. It is recognized that the Defendant’s argument as to the Defendant’s assertion against the judgment of the first instance court is against the recognition of the instant crime, and that part of the instant crime is larceny for which the judgment became final and conclusive, and that the remainder of the instant crime is one of the concurrent crimes after Article 37 of the Criminal Act, and that it is necessary to consider equity with the case where the judgment was rendered at the same time in relation to the crime
However, in full view of all the sentencing conditions shown in the arguments of this case, including the Defendant’s age, sex, environment, family relationship, motive and circumstance after the crime, etc., it is difficult to see that the sentencing of the lower court is too too unreasonable, and thus, the above assertion by the Defendant is without merit.
B. As to the Defendant’s argument regarding the judgment of the second instance, the Defendant committed the instant crime without being aware of it during the period of probation.
However, there are other circumstances that may be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized and the amount of damage is minor and the damage is recovered and the damaged person does not want the punishment against the defendant. In full view of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is somewhat inappropriate and it is recognized that the judgment of the court below is unfair (the defendant raised an appeal against each judgment of the court below, and the judgment of the court of first instance concurrently examined the judgment of the court below, but the crime of subparagraphs 1 through 3 of the judgment of the court of first instance as to each judgment of the court below was tried by