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The judgment below
Part concerning the second offense in the judgment shall be reversed.
A fine shall be imposed on the second offense of the judgment of the court below.
Reasons
1. In light of the summary of the grounds for appeal in this case, the punishment of the defendant (the first crime in the judgment of the lower court: imprisonment with prison labor for 2 months and the second crime in the judgment of the lower court: imprisonment with prison labor for 4 months) is too unreasonable.
2. Determination
A. Of the judgment below, the amount of damage to the crime No. 1 in the judgment below is not so significant, and there are favorable circumstances such as the defendant's wrong recognition of the crime of this case against himself, the defendant's growth and economic situation is difficult in difficult circumstances, the balance between the first head larceny in the judgment of the court below which became final and conclusive, etc. However, such circumstances are deemed to have been sufficiently taken into account in the judgment of the court below, and there are no special changes in circumstances to change the punishment of the court below, and the defendant has multiple criminal records repeatedly committed occupational embezzlement or larceny by taking into account all the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., as a whole, taking into account the following factors: the defendant's punishment imposed by the court below is unjustifiable, and the defendant's assertion is not reasonable.
B. As to the crime No. 2 in the judgment of the court below, the defendant had multiple criminal records repeatedly committed occupational embezzlement or larceny by taking advantage of his/her job-related goods while employed as an employee. On November 23, 2012, the defendant was sentenced to a suspended sentence of one year for larceny, etc. on November 23, 2012 and committed the crime No. 2 in the judgment of the court below again during the suspended sentence period, even though the judgment became final and conclusive on December 1, 2012, etc., they were disadvantageous to the defendant. However, the amount of damage in this case is not so significant, and the amount of damage in this case is contrary to his/her mistake while recognizing the crime in this case, and it is difficult to grow up in the difficult environment.