야간건조물침입절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
seizure from the defendant.
1. The summary of the grounds for appeal (in the case of the first judgment: imprisonment with prison labor for two years and six months, and the second judgment: imprisonment with prison labor for six months) of the lower court is too unreasonable.
2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and each appeal was filed against the defendant, respectively, and this court tried both appeals by combining them.
However, the above judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below against the defendant is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since the above grounds for reversal ex officio, and without examining the defendant's assertion of unfair sentencing, it is decided as follows through the oral argument.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to each corresponding column of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 225 and 30 of the Criminal Act, Articles 347 (1), and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 331 (2) and (1) of the Criminal Act, Articles 342, and 331 (2) and (1) of the Criminal Act, each of the following Articles;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment with prison labor (with respect to the crime of fraud and the display of falsified investigation documents);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, took part in the crime of Bosing, special larceny, etc., together with pro-Japanese A.
In particular, unspecified.