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The judgment below
Part excluding an application for compensation order among those shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.
2. The judgment of the court below is based on the following facts: (a) the instant crime was committed by the Defendant, on January 28, 2013, by having been sentenced to imprisonment for five months at the Jeju District Court for fraud, etc. on June 21, 2012; and (b) the Defendant committed the instant crime with the same content during the period of repeated crime without being aware of the fact that the Defendant was sentenced to imprisonment for not being aware of the fact that the victim was locked on the vehicle driving seat parked in the restaurant parking lot; (c) opened a rear seat and stolen money; and (d) the nature of the crime is not good; (d) the Defendant had five criminal records for property crimes, including the larceny crime; and (e) the Defendant committed the instant crime with the same content during the period of repeated crime.
However, in full view of all the circumstances that led to the crime of this case, including the confession of the defendant and reflects his mistake, that the defendant wants the defendant's wife by mutual agreement with the victim and the defendant for the first time in the trial, that the defendant's growth in an unstable environment and the economic situation is not good, that the defendant's life in custody over four months seems to have been faced with an opportunity to satisfy and satisfy, and that the defendant is living in good faith and is living in good faith, and other circumstances that led to the crime of this case, including the circumstances after the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc., and all other circumstances that form the conditions for sentencing as shown in the records and arguments, the defendant's argument is somewhat unreasonable. Thus, the defendant's argument is justified.
3. In conclusion, 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 with merit, and the following judgment is rendered again after pleading.
[Judgment which has been written]