상습특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The seized divers (No. 1) shall be divers.
The sentence of the court below (No. 1: imprisonment with prison labor for 10 months and 2 months: imprisonment with prison labor for 4 months) against the defendant in summary of the grounds for appeal is too unreasonable.
The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.
The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.
Accordingly, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code.
In this respect, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in its entirety, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. As a whole, Articles 332, 330, 331(1), and 342 (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, and Article 70(1)3 (a) of the Act on Financial Business Specializing in Credit) and Article 70(1)3 (a) of the Act on Business Specializing in Credit, each of which shall be punished by imprisonment with prison labor for a violation of the said Act, each of which shall be punished by fraud, and each of which shall be punished by imprisonment with prison labor for a violation of the said Act, including the pertinent provision of the said Act
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for habitual special larceny, the punishment of which is the largest, shall be aggravated);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances against the defendant);
1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are examined.