A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

The punishment of the court below against the accused (eight months of imprisonment) is too unreasonable.

Judgment

The Defendant has been punished several times for property crimes, and in particular, the Defendant committed each of the instant crimes during the same repeated crime period. However, in light of the fact that the Defendant paid 3 million won out of the amount of damage to the victim in the trial, and paid the remainder to the victim by March 30, 2014 under the guarantee of the mother of the Defendant, the Defendant has made a civil agreement with the victim to pay the victim the amount by March 30, 2014, and the Defendant is in depth divided into the Defendant’s age, character and behavior, environment, circumstances after the commission of the crime, etc., the lower court’s punishment is somewhat unreasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act (as seen in the rear, the part of the compensation order of the court below shall also be reversed together), and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 32 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation Order (the existence or scope of liability that the defendant bears against the applicant for compensation in the first instance by mutual agreement between the applicant for compensation and the civil defendant is not clear, so the application for compensation shall be dismissed) shall be judged as above on the grounds of more than the order.