절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The instant crime committed by the Defendant, entering a marina, restaurant, etc., steals money and valuables, restrains a follow-up crime of settling food values, etc. at convenience stores and restaurants by using stolen credit cards in the process, and steals or temporarily uses a substitute vehicle parked through open doors, and such a case may be deemed light in light of the circumstances of the crime, method of the crime, frequency of the crime, etc.
subsection (b) of this section.
In addition, the Defendant committed the instant crime even though he/she was issued a summary order of a fine of KRW 300,000,000 on April 27, 2017 due to larceny, etc. and a fine of KRW 500,000 on August 11, 2017, considering that he/she committed the instant crime, it is inevitable to sentence the Defendant with a corresponding sentence.
However, the defendant recognized the crime of this case and reflects his mistake, and the amount of damage is relatively small.
Among damaged articles, vehicles and credit cards were returned to victims, and victims of illegal use of vehicles do not want the punishment of the defendant.
When the defendant repeatedly commits the instant crime, it seems that there are some difficulties in social life due to mental disorder and mental disorder (Provided, That the defendant and his/her defense counsel did not claim mental disorder, and even according to the record, the defendant has mental disorder or mental disorder to the extent that he/she can be evaluated as equal to the person with mental disorder within the original meaning.
In light of such various circumstances and similar cases, the lower court’s punishment is somewhat somewhat feasible in full view of the following: (a) equity among these circumstances, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (b) various sentencing conditions as shown in the records and arguments, such as the circumstances after the instant crime.