The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for robbery as stated in the judgment below.

1. Summary of the Reasons for Appeal: The punishment sentenced by the court below against the defendant (one year of imprisonment with prison labor for habitual special larceny as stated in the judgment) is too unreasonable.

2. The crime of habitual larceny of this case is a case where the Defendant entered another person’s residence by habitually using drones, etc., and committed a theft or attempted to steals money and valuables. The quasi-Robbery was a case where the Defendant committed the larceny by the aforementioned method, and the Defendant was aware that he committed the larceny, and the crime was committed for the purpose of evading arrest. In light of the background, method, frequency, etc. of the crime, it is not good that the crime was committed.

There is a need to strictly punish the defendant in that he/she commits a special larceny crime with a similar criminal history as well as a history of having been sentenced several times due to a similar criminal fact, which is similar to that of a repeated crime without being aware of it even though he/she is a repeated crime period.

However, there are favorable circumstances, such as the fact that the defendant is both aware of and against all of the crimes, the fact that the crime of quasi-Robbery is committed, the equity between the crime of larceny, etc., in which the judgment becomes final and conclusive, and the case of habitual special larceny, which led to 21 times in most of the crimes, is punished before the crime of larceny, and thus, there are circumstances that may consider the determination of punishment.

In full view of the various circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, means and result of the instant crime, etc., as well as the aforementioned unfavorable or favorable circumstances, the sentence imposed by the lower court is somewhat unreasonable as it is deemed unfair.

3. If so, the defendant's appeal is reasonable, and the part of the judgment below against the defendant is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.