특수절도등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of two years and two months.
The seized one unit of provisional evidence (No. 9).
1. Each sentence (No. 1: Imprisonment with prison labor for 2 years, confiscation, and 2 months: imprisonment with prison labor for 6 months) declared by the court below on the gist of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.
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 unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 331(1) of the Criminal Act (the point of special larceny), Article 330 of the Criminal Act (the point of larceny by intrusion on night buildings), Articles 342 and 330 of the Criminal Act (the point of attempted larceny by intrusion on night buildings), Article 319(1) of the Criminal Act (the point of intrusion upon residence, each choice of imprisonment), Article 329 of the Criminal Act, and Article 329 of the Criminal Act, each of the following provisions concerning the selection of punishment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated for concurrent crimes with punishment prescribed for special larceny of a victim who has the largest penalty for concurrent crimes];
1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that in light of the form, method, frequency, etc. of each of the crimes in this case, the liability for the crime in this case is grave, and the defendant has been sentenced to fines, suspension of execution, and punishment on several occasions for the same crime.