절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. According to the provisions of Article 35 of the ex officio judgment Criminal Act, a person who was sentenced to imprisonment without prison labor or a heavier punishment and committed a crime heavier than imprisonment without prison labor within three years after the execution of the sentence is completed or exempted is subject to repeated punishment. According to Article 76 of the same Act, a person who committed a crime at least imprisonment without prison labor is subject to heavy punishment, and a person who committed a crime during the period of parole shall not be deemed to have completed the execution of a sentence for life and ten years for a limited term of imprisonment without prison labor or more without the invalidation or revocation of the disposition of parole after the parole was issued. Thus, during the period of parole, the execution of a sentence shall not
According to the records, on September 5, 2017, the Defendant was released on July 30, 2018 when he/she was sentenced to imprisonment with prison labor for larceny, etc. by the Seoul Northern District Court and was released on July 30, 2018 during the execution of the sentence, and the parole period passed on October 28, 2018. The Defendant cannot be subject to repeated offense for a crime during the parole period.
The lower court, on September 10, 2018, committed the crime IV 1. The crime in the judgment of the lower court was committed on September 10, 2018, and even prior to the expiration of the parole period, the lower court’s judgment on this part cannot be upheld.
3. In conclusion, the judgment of the court below as to Article 4-1 (1) of the Criminal Crimes IV is reversed in accordance with Article 364 (2) of the Criminal Act without examining the defendant's allegation of unfair sentencing, and the judgment below as to Article 364 (2) of the Criminal Act is reversed without proceeding to decide on the defendant's argument of unfair sentencing, and the remaining crimes and the above crimes are again decided as follows.
【The reasons for the judgment of multiple times】 The facts constituting a crime recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.