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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.
2. The crime of this case is deemed to have committed a theft of goods stored inside the next vehicle by using clothes, strings, etc. of vehicles, and the nature of the crime is bad, and the damage amount to be less than 5,300,000 won, and the defendant has a record of criminal punishment several times, and the defendant has a record of having been punished several times for the same crime as the crime of this case. In particular, the defendant was sentenced 1 year to imprisonment with prison labor at the Busan District Court on July 25, 2012 and 2 years of suspended execution at the Busan District Court on July 25, 2012, and was sentenced to a summary order of a fine of one million won at the Busan District Court on the same crime of this case committed during the suspended execution, and committed another crime of this case in a similar way despite being sentenced to a summary order of a fine of one million won at the Busan District Court, it is inevitable to punish the defendant.
However, the court below's punishment is unreasonable in full view of the following circumstances: (a) the defendant was detained for a period of six months and seems to have been seriously reflected in depth; (b) the victim C and D were recovered from most damages through agreements, etc. during the investigation process; (c) the victims expressed their intention not to punish the defendant; (d) although the victim's identity was not yet reached an agreement, the victim's identity has not yet yet been verified; (c) the victim's damage amount is minor, in comparison with other victims; (d) it is economically difficult and economically difficult; and (e) the high school students should support the children; and (e) other various circumstances, including the defendant's age, environment, occupation, family relationship, and circumstances leading to each of the crimes in this case; and (e) the sentencing conditions specified in the records, such as the circumstances before
Therefore, the defendant's argument is justified.
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