야간건조물침입절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of one year from the date this judgment becomes final and conclusive.
The punishment sentenced by the court below to the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.
Judgment
Although there was a past record of suspending indictment for a similar crime in 2014, the defendant does not have any unfavorable condition against the defendant, such as the fact that the defendant committed the crime in this case, even though he had been under suspension of indictment for a similar crime, the amount of damage is not severe, the damage is recovered, the defendant has the existence of alcohol, etc., and the crime in this case appears to have been committed by the defendant under the influence of alcohol, and the crime in this case is likely to have been committed by the defendant, the defendant has no record of criminal punishment, and his mistake is divided and closely against each other, and the defendant's age, sex, sex, environment, family relationship, means and method of the crime, the motive and circumstance of the crime, etc. are considered to be unfair since the punishment imposed by the court below is somewhat inappropriate. Thus, the defendant's assertion is justified.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.
[Re-written judgment] The facts constituting an offense and the summary of evidence acknowledged by the court and the summary of the evidence are as follows: Article 5 of the Criminal Procedure Act No. 2 of the judgment of the court below, "1. The defendant's statement in the court does not appear at the trial date of the court below. The above provision in the judgment of the court below seems to be erroneous.
In addition to changing “1. Defendant’s oral statement” to “1. Defendant’s original trial statement,” it is identical to each corresponding column of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 330 of the Criminal Act concerning the crime;
1. We consider various circumstances as seen in the judgment on the grounds for sentencing of Article 62(1) of the Criminal Act (the favorable circumstances of the part concerning the grounds for appeal in question).