절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (limited to four months of imprisonment, one year of suspended sentence, and 80 hours of community service order) is too unreasonable.
2. In light of the fact that the defendant has been punished several times as a crime of larceny, the fact that he/she commits a crime of living, the value of stolen articles does not reach KRW 30,00,000,000, and the defendant paid KRW 900,000 to KRW 30,000,000 of the value of the article to the victim and agreed with the victim, the judgment below is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account the various circumstances examined in the judgment on the grounds for sentencing prior to the sentencing.