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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (the maximum of six months of imprisonment and the short of four months) is too unreasonable.
2. In light of the circumstances that there was a record of receiving juvenile protective disposition several times due to larceny, etc., and in particular, the crime of this case was committed without being hospitalized on the date of hospitalization although a disposition to transfer a juvenile reformatory due to special larceny, etc. was issued, and the damage was not recovered, etc., however, the damage amount of the crime of this case is merely KRW 10,000,000,000,000, the defendant is against his mistake through confinement life for more than three months, the defendant is a juvenile under the age of 16,00,000, and the defendant is deemed to have caused the crime of this case, and all of the sentencing conditions in the records and arguments of this case are examined, the sentence imposed by the court below is too unreasonable, and the above argument of the defendant is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized 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. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered as favorable circumstances in the above);
1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;