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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.
2. Each of the instant crimes committed by the Defendant is not likely to commit the instant crime by opening the door as a key hidden by the victims over six times from September 2017 to April 2018, to the near the front door, or by opening the door as an incidental to the locker of the Defendant’s divers, etc., into the victim’s residence, and then cutting down property after the victim’s residence.
From around 206 to 2016, the Defendant was punished twice by a fine for the same criminal act, including larceny, and two times by imprisonment. In particular, on April 7, 2016, the Defendant was punished by imprisonment with prison labor and two months after being released from the prison due to larceny, but did not engage in a repeated crime and again committed each of the crimes of this case.
The victims did not recover from damage properly.
However, in full view of various sentencing conditions that are favorable to the defendant, including the fact that the defendant recognized each of the crimes of this case, the defendant was living conditions to the extent that the defendant should receive mental and medical treatment, and appears to result in each of the crimes of this case, the economic benefits that the defendant acquired by each of the larceny crimes of this case are relatively large compared to other crimes of property, and the repair cost of a copy destroyed by the defendant is not more than KRW 1,80,000,000,000,000,000,000,000,000 won, and other favorable circumstances that are favorable to the defendant, such as age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is somewhat unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of each corresponding column of the judgment below.