야간건조물침입절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The decision of the court below on the summary of the grounds for appeal (Article 1:1 and 6 months of imprisonment with prison labor, and Article 2:6 months of imprisonment) is unreasonable.
2. Each of the judgments of the court below that joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.
The judgment of the court below cannot be maintained.
3. The judgment of the court below contains reasons for ex officio reversal.
Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 330 (a) and 319 (1) of the Criminal Act, Article 329 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 342 and Article 330 (a) of the Criminal Act, Article 342 of the Criminal Act, Article 342 of the Criminal Act, and Articles 330 (a person who has attempted to larceny at night a structure);
1. Article 35 of the Criminal Act among repeated crimes;
1. Sentencing factors, such as the reflection of the defendant's reason for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, the period of a repeated offense, the frequency of the crime, the amount of damage and the recovery of unharm, etc., and the scope of recommendations according to the sentencing guidelines set forth in the annexed sentencing guidelines (at least one year and six months for imprisonment);