절도
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, each of the offenses in the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act. Thus, the sentence should be determined by the method of determining the applicable sentences within the scope of the aggravated punishment in accordance with Article 38 (1) of the Criminal Act, but the court below committed a mistake of omitting the aggravated punishment. In this regard, the judgment of the court below cannot be maintained further.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against the victim J, which is the largest offense) of the Act on the Aggravated Punishment of Concurrent Crimes, is that the defendant has led to the confession of all crimes, and his mistake is divided, and that he has agreed with the victim H.
However, in light of the fact that the Defendant has been sentenced one time to a fine and six times of punishment due to the same crime, as well as the fact that the Defendant repeatedly committed each of the crimes of this case without being aware of the period of repeated crime due to the same crime, the Defendant has been sentenced to a fine and a punishment for a total sum of times due to the crime of this case, and the form, method, frequency, etc. of each of the crimes of this case, and there is no agreement with the rest of victims.