상습절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 crime of this case was committed several times against the victim's place of business and stolen the property. In light of the method, mode, and frequency of the crime, the crime of this case was committed against the defendant. In particular, even though the defendant was under suspension of execution due to the same kind of crime, he did not know of it, and committed the crime of this case again without being aware of it, etc., which is disadvantageous to the defendant.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case and reflects the depth of the crime in this case, the damage amount caused by the crime in this case is not more than 3,70,000 won in total, and that the victims do not want the punishment of the defendant in this case under the agreement with the victims, and that the defendant was deemed to have committed the crime in this case under the economic poor condition, and that there are some extenuating circumstances in terms of the motive, such as the circumstances favorable to the defendant, such as the defendant's age, family relation, criminal record, relationship, character and behavior, environment, means and method of the crime, motive and circumstance of the crime, etc., and the result of the application of the sentencing guidelines of the Sentencing by the Sentencing Committee of the Supreme Court, the punishment imposed by the
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is delivered after the pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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. This part of the judgment on the grounds of the above appeal for the sentencing under Articles 332, 330, and 342 of the Criminal Code of the corresponding Article of the Criminal Act concerning criminal facts (generally known) is examined.