야간건조물침입절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.
2. The crime of this case, which was committed on January 8, 2013, committed a theft of money by releasing the security locking device of the Defendant’s place of business where the Defendant was on the trust of the employer and working as an employee at night, and the nature of the crime is not good. The Defendant respondeded to the Defendant in an unfaithful manner, such as avoiding criminal proceedings by divingly investigating the case from the police on January 8, 2013, and by avoiding criminal proceedings, and the Defendant has a record of criminal punishment for five different types of crimes, including a fine for the same kind of crime and a suspended execution, against the Defendant.
On the other hand, the fact that the defendant repents and reflects his mistake, that the amount that the defendant stolen is not much than one million won, that the defendant agreed with the victim in the trial, that the victim does not want the punishment against the defendant, that the victim has been growing in the difficult environment, that the defendant has experienced economic difficulties, and that the father's mother who did not care for the defendant is complaining for and leading the wife, etc. are favorable to the defendant.
In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence.