절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of one million won) of the lower court is deemed unreasonable as it excessively unhued.
2. Ex officio determination of judgment, a sentence of detention should be made at the same time by setting the period of non-payment when a fine is imposed pursuant to Article 70 of the Criminal Act: Provided, That the above sentence of detention cannot be rendered for a juvenile under the age of 18 at the time a sentence is rendered pursuant to Article 62 of the Juvenile Act. The defendant, as an I students, was under the age of 18 at the time of February 21, 2013, which is the date the judgment of the court below was rendered, but is under the age of 18 at the time of the sentence, but does not fall under Article 62 of the Juvenile Act as of November 8, 2013, which is the date the judgment of the court below was rendered, and therefore, it does not fall under Article 62 of the Juvenile Act, and therefore, the judgment of the court
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, they are quoted 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 applicable criminal facts and the choice of fines;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which led to the instant crime for the purpose of preparing living expenses by leaving the Defendant for the reason of sentencing of Article 334(1) of the Provisional Payment Order, the Defendant compensated for damages and agreed with the victims, and the Defendant is a juvenile of 18 years old who is a parent and was committed temporarily during the course of divorce, appears to have been committed while his parents were able to receive attention and protection