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The judgment of the court below is reversed.
As to the defendant's crime No. 1 of the judgment below and No. 2 of the crime list No. 1 of the judgment of the court below.
Reasons
1. The summary of the grounds for appeal is that the lower court’s punishment (one month imprisonment with prison labor for the crimes No. 1 and No. 2, and one year and two months for the remaining crimes) is too unreasonable.
2. The crime of this case committed by the defendant by intrusion upon another person's residence and theft of clothes for female use is not good, and in particular, the defendant committed the crime of this case even though he is under suspension of execution due to the same kind of crime, and it is inevitable to punish the corresponding amount of punishment.
However, in full view of the following circumstances: (a) the Defendant led to the confession of all of the instant crimes; (b) the Defendant infringed upon the victim’s residence; (c) the Defendant did not enter the victim’s house; and (d) the Defendant did not have any other criminal records; (d) there was no other criminal records; (e) there was any family member to support the Defendant; and (e) other various circumstances, including the Defendant’s age, sexual conduct; (e) the motive and background of the instant crime; and (e) the circumstances after the instant crime, etc., and the sentencing conditions specified in the records and arguments, the sentence imposed by the lower court is somewhat unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 330 of the Criminal Act concerning the selection of punishment (the occupation of larceny at night), Article 329 of the Criminal Act (the intention of Section 329), Article 329 of the Criminal Act (the choice of imprisonment with prison labor), Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment with prison labor);
1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes, provided that Article 39(1) (A) (as stated in the judgment below, No. 1-A and No. 2) is the sight of crimes.