야간건조물침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. In full view of the following factors: (a) the Defendant, who has the previous body, has no past history of punishment heavier than the fine, (b) the depth is against the Defendant; (c) the Defendant deposited the amount of damage at the trial; and (d) the Defendant’s age, character and conduct, family environment, etc., the lower court’s punishment against the Defendant is too unreasonable.
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[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 of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 330 of the Criminal Act, Article 330 of the Criminal Act, Article 331-2 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 329 of the Criminal Act, the choice of punishment for a crime, and the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;