The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year and four months of imprisonment) is too unreasonable.

2. The criminal liability of the defendant is not less than that of the thief in that the defendant committed larceny on seven occasions during the suspension period of execution due to the same crime.

However, the defendant has a disability of class 2 of intellectual disability, and some of the crimes were committed.

The victims' damage is relatively small.

In order to raise living expenses, the Defendant committed the instant crime.

In full view of the above circumstances, Defendant’s character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records, etc., the lower court’s punishment is somewhat heavy.

The decision is judged.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 330 of the Criminal Act (a thief by intrusion on a structure at night), Article 342, Article 330 of the Criminal Act (a thief by attempted larceny of intrusion on a structure at night), and Article 331 (1) of the Criminal Act (a thief by special larceny) concerning criminal facts;

1. The range of sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act by aggravation of concurrent crimes: The application of the sentencing guidelines between one year and 15 years shall be applicable;

1. Basic crimes (special larceny in its holding) / [Scope of punishment recommended] thief for general property:

2.Nos. 1 and 2 concurrent crimes (at night, theft of intrusion upon residence in the holding).