The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Summary of Grounds for Appeal

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

2. The Defendant committed each of the crimes of this case, which committed a theft or attempted to steals by repeatedly intrusioning another person’s structure at night, and the Defendant had the record of having been sentenced to the suspension of the execution of imprisonment and a fine due to the same type of crime. Nevertheless, the Defendant committed each of the crimes of this case during the suspension of the execution of the execution of the sentence, etc., which is disadvantageous to the Defendant.

On the other hand, at the time of the trial, the defendant all committed each of the crimes of this case, and against the defendant, some victims agreed in the first instance trial, and the other victims agreed in the trial and agreed with C and E, which are the victims, are favorable to the defendant.

In full view of the above circumstances and other various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too 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 following decision is rendered after pleading.

【Grounds for the Judgment of the court below which has been written] Criminal facts and summary of evidence, and summary of evidence acknowledged by the court, are identical to the corresponding column of the judgment of the court below, except where the "1. Part of the defendant's court statement" in the summary of evidence as "1. The defendant's court statement" in the judgment of the court below is deemed as "the defendant's court statement at the trial of the court of first instance"

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Article 330 of each Criminal Code (the point of night larceny) and Articles 342 and 330 of each Criminal Code (the point of attempted larceny at night) of the Criminal Code, the former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, and Article 50 of the Criminal Code, which aggravated concurrent crimes.