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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for two years.
2.2.2.22
Reasons
1. The three-year imprisonment sentenced by the court below to the defendant is too unfair.
2. The crime of this case is determined based on the following facts: (a) the defendant returned to the dental hospital of Seoul National University for more than 21 years in a habitual period of more than 1 year and intruded inside the entrance of the hospital and stolen the sum of 23 million won in cash and money, etc.; and (b) the crime of this case was committed in light of the period and frequency of the crime; (c) the defendant had been punished several times due to robbery, theft, etc.; and (d) the defendant again committed the crime of this case during the period of repeated crime before he was released from prison due to special larceny even after 1 year has passed since he was released from prison due to such special larceny; (d) however, the defendant made efforts to recover damage, such as the defendant's confession of the crime and seriously against his mistake; and (e) the circumstances and circumstances of the crime of this case; and (e) records and circumstances of the defendant's family relation after the crime of this case; and (e) records and circumstances of the defendant's personality and behavior, etc.
3. In conclusion, the part of the judgment of the court below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant presented by this court is identical to each corresponding column of the judgment of the court below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Imprisonment with prison labor under Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning criminal facts;