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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
Reasons
1. The sentencing of the court below (one year of imprisonment) is too unreasonable.
2. After adding a premium to gambling, the Defendant attempted to steals or steals property in a way that is highly likely to intrude another person’s residence over 17 times every four months, and continued to commit a crime after certain crimes were discovered, and there was a motive to prepare gambling funds.
In addition, no damage has been repaid.
On the other hand, in 2001, the defendant did not have any criminal history except punishment for drunk driving and does not repent in depth.
When there is no person, there was a person who committed a crime, and did not seem to have a dangerous attitude.
The amount of damage shall not exceed 1,390,000 won in total, and the spouse and the three children shall be supported.
Considering such circumstances and other conditions of sentencing as the defendant's age and environment, the sentence of the court below is too heavy.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;