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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment and the suspension of sentence) is too unhued and unreasonable;
2. In light of the number of larcenys and methods, and the total amount of damage, the lower court’s suspended sentence on the Defendant is deemed unreasonable as it is too uneasible.
3. In conclusion, the prosecutor'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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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. Article 330 of the Criminal Act, Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered circumstances favorable to the defendant);
1. Article 62 (1) of the Criminal Act ( considered circumstances favorable to the defendant);
1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include not more than four times the number of the crimes committed by the defendant, the total amount of damage is less than 4.7 million won, and the method of committing the crimes also is not suitable to the quality of the crimes, such as entering another person's entrance at night or destroying and impairing the locks, and intrusion, etc.; the defendant reflects the crimes of this case; the victims agree with all of them; the victims have no record of criminal punishment; the victims have no record of being subject to criminal punishment; and other favorable sentencing factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crimes; and the recommended sentencing guidelines are recommended and sentenced to the sentencing conditions specified in the records and arguments of this case, such as the following circumstances.