The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. 항소이유의 요지 피고인이 피해자 소유의 롤렉스 시계 1개를 절취한 것은 2011. 10. 2.이 아니라 같은 달 8.이다.

The Defendant’s crime of larceny (hereinafter “the thief crime of this case”) was committed on May 22, 2008 by having been sentenced to eight months by imprisonment with prison labor at Suwon District Court for the crime of larceny, and three years after the execution of the sentence was completed on October 3, 2008, and thus does not constitute a repeated offense under Article 35 of the Criminal Act.

Nevertheless, since the court below punished the larceny of this case as a repeated offense, it erred in the misunderstanding of facts.

2. 항소이유에 관한 판단 원심 및 당심에서 채택조사한 증거들에 의하면 피고인이 2011. 10. 2. 피해자 H과 함께 광주 경마장을 다녀온 후 H의 롤렉스 시계를 절취한 사실을 충분히 인정할 수 있으므로 원심이 이 사건 절도 범행을 누범 기간 내 범행으로 판단한 것은 정당한 것으로 수긍이 가고, 거기에 사실을 오인한 위법이 있다고 볼 수 없다

[No evidence No. 1 (Evidence No. 1) that goes against the above facts of recognition is believed] Accordingly, the defendant's assertion in this part is rejected.

3. In full view of the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, and all other sentencing circumstances, including the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, it is unfair that the sentence of the lower court (two years of imprisonment) is too unreasonable.

4. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the grounds of ex officio reversal as seen above, and the judgment below is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court, and the summary of the evidence, are modified to “1st part of the judgment below [2014 senior group 7000] of the 2nd paragraph (a) of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2011 senior group 09:00.”