절도등
The judgment of the court below is reversed.
The defendant shall be punished by imprisonment with prison labor for 4 months in relation to the case of 2019 order272 and 602.
1. The summary of the grounds for appeal (the case No. 2019 altitude272 and 602: Imprisonment with prison labor for 8 months and suspended execution for 2 years, and the case No. 2019 altitude793: imprisonment with prison labor for 4 months) is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
It is not good that the crime of this case is committed.
The defendant committed the crime of this case again even before several times, even though he had the same criminal records.
In the case of fraud No. 2019 highest 793, a crime committed immediately after being investigated by the police by 2019 highest 272,602.
Until the trial, some victims did not reach an agreement or recover from damage.
On the other hand, the following conditions are favorable.
The defendant shows the attitude of recognizing and opposing his mistake.
The amount of damage caused by the instant crime is relatively small.
The defendant further agreed with some victims in the trial.
Cases No. 2019 Highest 272 and 602 should take into account the equity in cases where a judgment is to be rendered simultaneously with the crime for which a judgment has become final and conclusive.
In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
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 this court is identical to the corresponding column of the judgment of the court below, except for the change of the "written statement of the defendant" in the fourth 3th of the judgment of the court below to the "written statement of the court at the trial of the defendant". As such, it is cited as it is in accordance with Article
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347(1) and 347(2) of the Criminal Act for the selection of criminal facts, respectively;