특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. In light of all the circumstances, including the fact that the defendant recognized his mistake and is in depth divided, and that the defendant is in physical physical Grade III, the respective punishment (the first judgment below: imprisonment with prison labor for a maximum of one year and six months, the short of one year and one year, and the second judgment: 8 months) imposed on the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the court of original judgment, Nos. 1 and 2 sentenced the defendant to a conviction after completing a separate hearing on the defendant, and both the defendant appealeds against the judgment of the court of first and second instance, and this court decided to hold concurrent hearings on the above two appeals cases. Each of the crimes in the judgment of the court of first and second instance against the defendant shall be sentenced to a single sentence within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
In addition, according to the records, the defendant was sentenced to an irregular term of imprisonment for the defendant as a juvenile under Article 2 of the Juvenile Act as of November 4, 1993 at the time the judgment of the court of first instance was sentenced, but it was apparent that he was 19 years of age or older at the time of the judgment of the court of first instance, and it was no longer a juvenile under Article 2 of the Juvenile Act, so the judgment of the court of first instance which sentenced the defendant to an irregular term of imprisonment by applying the juvenile crime was no longer maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, since there is a ground for reversal of the above authority. The judgment below is reversed in its entirety, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as shown in each corresponding column of the original judgment.