특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
No. 1, 2, 3 of seized evidence.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 1 year and 4 months, and imprisonment for 8 months) that the court below rendered against the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried by combining the appeal cases against the defendant Nos. 1 and 2 with the court below's judgment, and each of the offenses of the court below which was consolidated in the court of the trial are concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be punished with a single sentence within the scope of a limited term of punishment, pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the first and second original judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Article 331 (1) of the Criminal Act, Article 342 of the Criminal Act, Article 342 of the Criminal Act, Article 331 (1) of the Criminal Act, Article 342 of the Criminal Act, Article 331 (1) of the Criminal Act, Article 331 (1) of the Criminal Act, Article 332 of the Criminal Act, Article 33
1. Selection of imprisonment with prison labor for option of punishment, crime of breaking into or taking out a structure and larceny;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Each of the instant crimes with the reason for sentencing under Article 48(1)1 of the Criminal Act refers to the property equivalent to KRW 3,500,000,000 in total by the Defendant following intrusion into restaurants, etc. from around 2011 to around 2014.