절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
No. 3 of the seized evidence.
1. The punishment (the first instance court: the imprisonment of eight months and confiscation, and the second instance court: the imprisonment of four months) of the lower court against the accused in the summary of the grounds for appeal is too unreasonable; and
2. The court of original judgment was sentenced to each of the above judgment after the court of original judgment was examined separately against the defendant, and the defendant filed an appeal in entirety, and the court of original judgment decided to hold the above two appeals together.
Each of the first and second original judgments against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the first and second original judgments cannot escape from all of them.
3. Since the judgment of the court below Nos. 1 and 2 on the grounds of the above ex officio reversal, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant and his defense counsel's assertion of unfair sentencing, and the judgment below is all reversed, and it is again decided as follows after pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 legal provisions concerning facts constituting an offense, Articles 342 and 329 of the Criminal Act, Article 329 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 37 subparagraph 2 of the Resident Registration Act, the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The crime of this case with the reason for sentencing under Article 48(1)2 of the Criminal Act is committed on several occasions by the defendant, and each of the stolen another's driver's licenses, etc. is forged and forged.