야간주거침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years) of the lower court is deemed to be too uneased and unfair.
2. The circumstances favorable to the defendant include: (a) the defendant's timing for and reflects all crimes; (b) the defendant has no criminal records of identical crimes; and (c) each thief has no considerable amount of damage.
However, this case is judged to be unfair in light of the following circumstances: (a) considering the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment imposed by the court below is deemed to be uneasy, and considering all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., where the victim was invaded at night, thereby theft or theft of property; (b) the victim had interviewed and dangerous behavior; (c) the victim committed the crime repeatedly; (d) the victim was committed; (e) the victim was not recovered; and (e) the victim was not able to recover from damage; and (e) the defendant could have been subject to criminal punishment for the crime of this type.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are as stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 330 and 330 of the Criminal Act concerning facts constituting an offense and the choice of punishment (at night, night, night, night, night, intrusion theft, and imprisonment choice), and Articles 342 and 330 of the Criminal Act (at night, attempted larceny, and choice of imprisonment);
1. Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act to increase concurrent crimes shall be the victim S with the largest penalty;