절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. The judgment has the record of criminal punishment more than 50 times including the previous criminal crimes, and further, the fact that the Defendant was sentenced to imprisonment for the same kind of crime as indicated in the column of “criminal records” of the judgment below and again committed the instant crime during the period of repeated crime for which the execution of the sentence has not yet been completed, etc. is disadvantageous to the Defendant.
On the other hand, the fact that the defendant all recognized the facts of crime and divided, and the degree of damage suffered by the victims due to the crime of this case is not much serious, and the defendant agreed with the victim D of larceny and the representative of the restaurant of "G" in the judgment of the court, as the representative of the victim D of larceny and the restaurant of "G", all of which are the actual victims of the crime of interference with the duties of the
In full view of the above circumstances favorable or unfavorable to the defendant, and other various circumstances, such as the defendant's age, sex, environment, background and result of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.
The above assertion by the defendant is with merit.
3. The judgment 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, and the judgment below is reversed and the case is remanded to the court below as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, the choice of a punishment for an offense, Article 329 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.