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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Of the facts charged in the instant case, the lower court found the Defendant not guilty on the part that the Defendant habitually stolen property over ten occasions from April 11, 2012 to July 30, 2012, on the grounds that there is no proof of habituality as stated in the annexed crime list, and found the Defendant guilty on the remainder of the facts charged. Since the Defendant appealed on the guilty portion and the prosecutor did not appeal, the scope of the judgment of this court is limited to the guilty portion, and the acquittal portion of the aforementioned reasons was exempted from the object of public defense among the parties, and thus, the lower court’s conclusion of innocence is not followed and it is not re-determined.
2. The sentence of imprisonment (one year of imprisonment) by the lower court against the gist of the grounds for appeal is excessively unreasonable.
3. In light of the fact that each of the crimes of this case committed by the defendant intentionally causes traffic fraud and the fraud of insurance proceeds against the insurance company, theft of the customer's wallets, cash, handphones, bags, etc. in a private letter, church, etc. is not good, and that the victims have recovered from damage to the victim or have not agreed with most victims, etc., the sentence of sentence is inevitable.
However, the defendant's time to commit each of the of the crimes of this case and is divided and reflected in depth; the defendant has no record of criminal punishment other than a fine imposed once as a result of larceny; the victim of larceny AT and N does not want the punishment of the defendant; the defendant is currently 10 years old as an unmarried mother; the defendant is able to faithfully work and not repeat again with her mother with her mother even if he was released from prison, and the defendant is able to live together with her mother at a small amount of monthly period of time; and all of the sentencing conditions shown in the records and arguments of this case, such as age, character and behavior, environment, motive and circumstance of the crime, and conditions before and after the crime.