절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.
2. Where a concurrent offense prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered ex officio and a final and conclusive judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance, and
(See Supreme Court Decision 2010Do15253 Decided January 13, 201, etc.). According to the records, the Defendant was sentenced to a suspended sentence of one-year imprisonment with prison labor on June 18, 2013, for night, living intrusion, larceny, etc., and a probation order of 80-hour community service in the Suwon District Court, and the judgment became final and conclusive on October 25, 2013.
Thus, the crime of this case is deemed to be in the concurrent relationship between the above final judgment and the crime subject to the latter part of Article 37 of the Criminal Act. Thus, the court below ex officio reversed the judgment of the court below and determine the punishment in consideration of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below is no longer maintained
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and evidence against the defendant recognized by this court is added to the first head of the judgment of the court below, and except for the addition of the "1. Defendant's trial statement" to the summary of the evidence, the first head of the judgment of the court below, "The defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for night time, two years of probation, 80 hours of probation, and a community service order for 80 hours of probation, and that judgment became final and conclusive on October 25, 2013."