절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. The judgment defendant has six identical military records.
In 2017, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor due to larceny, and was sentenced to a fine again at the time when two months have not elapsed since then, even if he was punished by larceny.
The Defendant committed the instant crime without being imprisoned or thiefing one’s own theft.
However, the amount of damage caused by the instant crime is the small amount.
During business hours, the defendant did not infringe on the additional legal interests in the course of committing the crime by entering the public garment, which brought food, etc. to the public.
The Defendant, due to stress based on domestic violence, living environment, etc., shows the respect for alcohol and the wall, and there are circumstances to consider the background of the crime.
Before being detained after the instant crime, the Defendant made efforts to improve the existing proof of alcohol, such as receiving hospitalized treatment, etc. during one month of detention, and the theft habits.
Family members of the defendant want to take care of the defendant, and the defendant's wife want to take care of the defendant.
The defendant recognizes his mistake and is in profoundly against himself.
In full view of such circumstances and the criminal defendant's age, sex, family relationship, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.
The defendant's argument of sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant law and the choice of punishment for the crime shall be the criminal law;