야간건조물침입절도등
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. In full view of the following circumstances: (a) the Defendant had been punished twice for the same crime; (b) the Defendant did not recover the damage and did not receive a letter from the victim; (c) the Defendant recognized the instant crime; and (d) the amount of damage was not much limited to KRW 4 million; (c) the Defendant did not have any record of punishment exceeding the suspended execution; and (d) the Defendant did not have any record of punishment exceeding the suspended execution; and (e) other circumstances shown in the instant records and arguments, such as the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement, the choice of imprisonment), Article 330 of the Criminal Act (the occupation of larceny of intrusion on night structures), Article 329 of the Criminal Act (the occupation of Section 356 and the choice of imprisonment);
1. In a judgment on the grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes, the punishment as set forth in the disposition shall be determined for the same reasons as seen in the judgment on the grounds for sentencing.