절도등
The judgment of the court below is reversed.
The defendant is punished by imprisonment with prison labor for larceny against the victim H and the victim F.
1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below against the defendant (eight months of imprisonment) is too unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Daegu District Court on May 31, 2013 and two years of suspended execution and became final and conclusive on June 8, 2013.
Therefore, the crime of larceny against victim H who committed on June 1, 2013 among the instant crime by the Defendant is related to the crime subject to the said final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be determined after considering equity in cases where a concurrent judgment is rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence.
However, the judgment of the court below cannot be maintained in this respect, since the application of the laws and regulations of the court below omits the processing of concurrent crimes.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as stated in 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. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Article 329 of the Criminal Act concerning the selection of punishment, and Article 329 of the Criminal Act concerning the selection of punishment, and Article 319 (1) of the Criminal Act (the occupation of a structure and the selection of
1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (mutual between larceny against victim H and larceny, etc. for which judgment becomes final and conclusive);
1. From among concurrent crimes, theft against the victim F of Article 37, Articles 38(1)2 and 50 of the Criminal Act, each of the crimes of larceny, intrusion upon each structure, and punishment against the victim F of the most severe shall be determined.