The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The sentence (700,000 won) that the court below rendered by the summary of the grounds for appeal is too unreasonable.

2. The crime of this case committed by the Defendant, based on the following facts: (a) the Defendant stolen a bank owned by the victim, which contains cash of 200,000 won between the victim and the victim’s locking place; and (b) the matter is light in light of the background and method of the crime;

subsection (b) of this section.

In addition, the Defendant was subject to a disposition of suspending prosecution for larceny on April 22, 2016, and the Defendant was issued a summary order of KRW 300,000 as a result of embezzlement on May 9, 2016, taking into account the fact that he/she committed the instant crime even though he/she was issued a summary order of KRW 300,000 as a result of embezzlement, the Defendant may not be charged with criminal liability corresponding thereto.

However, the defendant recognized the crime of this case against his mistake, and the damaged items were returned to the victim.

The defendant seems to have caused the crime of this case in a situation where economic situation is difficult as a recipient of basic living benefits.

The defendant's body weight is over 38 km and suffers from food disorder, euthanst, etc., so health conditions are not very good.

In full view of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the records and arguments, the sentence of the court below is deemed unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court and the summary of the facts constituting an offense and the gist of evidence are the same as the stated in each corresponding column of the judgment below, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.