절도등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.
2. We examine the defendant's grounds for appeal ex officio prior to the judgment
On July 23, 2019, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Daegu District Court on July 23, 2019 and the said judgment became final and conclusive on July 31, 2019.
The crimes of this case against the defendant and the above crimes for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes of this case shall be sentenced in consideration of equity in the case of concurrent crimes under the former part of Article 39(1) of the Criminal
In this regard, the prosecutor added the criminal records of the facts charged in the instant indictment to the Defendant in the trial of the political party, which read as “the Defendant is indicated as “as of July 23, 2019,” but it is obvious that the Defendant is a clerical error. The Daegu District Court sentenced the Defendant to four months of imprisonment with prison labor for larceny at the Daegu District Court, which became final and conclusive on July 31, 2019,” and applied for permission to amend the indictment to add “the latter part of Article 37 and Article 39(1) of the Criminal Act” to “the latter part of Article 39 and Article 39(1) of the Criminal Act” to the applicable provisions,
In this respect, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.
[Grounds for the judgment of multiple court] Criminal facts and summary of evidence recognized by this court, the defendant was sentenced to four months of imprisonment with prison labor for larceny at the Daegu District Court on July 23, 2019, and the above judgment became final and conclusive on July 31, 2019.
With the exception of adding "the corresponding column of the judgment of the court below, it is identical to the corresponding column of the judgment of the court below, thereby citing it in accordance with Article 369
Summary of Evidence
. such evidence as this Court determines.