야간주거침입절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The sentence (No. 1: Imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 6 months) declared by the court below is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent trials with each of the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below 1 and 2 cannot be maintained as they are.
3. In conclusion, 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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment 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 as to the facts constituting an offense, Article 330 of the Criminal Act, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 347 (1) of the Criminal Act, each of the choice of punishment against each of the following subparagraphs (the thief who intrudes upon a structure at night), Article 330 of the Criminal Act, Article 330 (the thief who intrudes upon a structure at night), Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 347 (1) of the Criminal Act (the fraud, the choice of imprisonment, the use of a credit card, and the selection of a type of imprisonment).
1. The crime of this case on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is equivalent to KRW 2.5 million over 17 times by the method that the defendant intrudes on a structure or residence, or shoulders the glass of the vehicle, etc.