특정범죄가중처벌등에관한법률위반(절도)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
Seized evidence 12, 12.
1. The punishment (the first instance court: the imprisonment with prison labor for three years and the second instance court: the imprisonment with prison labor for one year) that the first and second instance court sentenced to the defendant is too unreasonable;
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
Each court below sentenced the defendant to imprisonment with prison labor as above after completing a separate hearing on the defendant.
The defendant filed an appeal against the above two judgment of the court below, and this court decided to hold a joint hearing of the two cases appealed.
However, each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced at the same time pursuant to Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and the judgment below is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence admitted by the court and summary of evidence are identical to the description of each corresponding column of the judgment below except for correction of "(special larceny)" in No. 14 of the annexed Table No. 5 of the judgment of the court of first instance as "(thief)". Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331(1) and Article 330 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 5-4(5)1 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act.