특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The summary of the grounds for appeal (Article 1: 2 years and 6 months of imprisonment, and the return of seized articles to a victim, and Article 2: Imprisonment with prison labor for one year) of the lower court is too unreasonable.
2. The Defendant filed an appeal against both the first and second original judgments, and the pleadings in the appeal case against each of the above original judgment were combined at the trial court.
Therefore, each of the crimes in the first and second original judgments, which were sentenced to the same kind of punishment against the defendant, is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained.
3. The judgment of the court of first and second instances on the grounds of the above ex officio reversal is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the judgment of the court of first and second instances is reversed, and it is again decided as follows.
[Grounds] The summary of facts constituting a crime and evidence recognized by the court in light of the substance of the facts constituting a crime and the summary of the evidence are as follows: [Attachment] part of the [criminal power] which reads " August 31, 201" as " September 2, 201," and each " February 23, 2020" as " February 13, 2020," and it is identical to each corresponding part of the first and second original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen credit card, the use of stolen credit card, the election of a repeated crime by credit card), Article 35 of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be the largest penalty and the nature of the crimes;