절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year of imprisonment) is too unreasonable.
2. The instant crime committed by the Defendant was committed by the victim C, which was known to the Defendant, and was stolen by withdrawing KRW 22,900,000 from cash withdrawal to 13 times from cash withdrawal using the said check card, and the crime liability is not less and less in light of the number of damages, and the damage was not completely recovered.
However, there are extenuating circumstances such as the fact that the defendant repents his mistake in depth and reflects it, there is no history of punishment for the same kind of crime, and that he voluntarily led to the confession of the crime. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Sentencing Committee established by the Supreme Court's Sentencing Committee is from 6 months to 6 months, and the scope of the recommended sentence for the crime of this case is from 6 months to 1 year and 6 months, theft for general property, theft for general property (general larceny), special persons (general larceny), decision on the recommended area (basic area), the scope of the recommended sentence (6 months to 16 months), and other sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable.
3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
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 (an aggravated punishment provided for in larceny due to the withdrawal of cash from January 22, 2015, the most serious criminal)