The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Summary of Grounds for Appeal

The punishment sentenced by the court below (five years of imprisonment) is too unreasonable.

However, in full view of the Defendant’s age, family relation, criminal records, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is deemed unreasonable, and thus, the Defendant’s above assertion is reasonable, since it is recognized that the Defendant’s punishment imposed by the lower court is unreasonable, inasmuch as it is deemed that the Defendant’s punishment is inappropriate, given that it is deemed that the Defendant’s aforementioned assertion is reasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act ( comprehensively, the defendant is recognized as habituality of larceny, and choice of limited imprisonment is chosen) concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;