특수절도등
All judgment of the court below shall be reversed.
The punishment of the accused shall be eight months by imprisonment.
1. The summary of the grounds for appeal is too unreasonable that each punishment (the first instance judgment: imprisonment with prison labor for 6 months and the second instance judgment: imprisonment with prison labor for 3 months) that the lower court rendered against the Defendant.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant, the first instance court, the second instance court, the Seoul Eastern District Court 2013dan1033, and the second instance court, the second instance court, upon completion of each hearing under the Seoul Eastern District Court 2013Ma1032, and the defendant filed an appeal against each of the above judgment below. The first and the second instance court decided to hold concurrent hearings of each of the above appeals. The first and the second instance court decided to hold concurrent trials. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent crimes pursuant to Article 38 (1) of the Criminal Act, all of them cannot be maintained.
3. Accordingly, the lower court’s judgment reversed all of the lower judgment pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s allegation of unfair sentencing, on the grounds of ex officio reversal as above, and rendered a judgment following the pleadings.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 331(2) and (1) of the Criminal Act (the occupation of special larceny) and Article 314(1) of the Criminal Act (the occupation of interference with business and the choice of imprisonment) of the same Act concerning criminal facts;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only a lot of records that defendants were punished for larceny and violent crimes, but also a repeated crime due to special larceny.