야간건조물침입절도등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment of one year and four months;
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for one year, and the second instance judgment: imprisonment with prison labor for eight months) declared by the lower court is too unreasonable.
2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 330 (a) of the Criminal Act, Article 347 (1) (a) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 366 (a) of the Criminal Act, Article 342 and Article 330 (a) of the Criminal Act, each of which is applicable to the choice of punishment (a person who commits a crime at night, commits theft at night, commits a crime of robbery and commits an attempted larceny of a structure at night);
1. Voluntary mitigation of crimes under Articles 26 and 55(1)3 of the Criminal Act (Article 26 and 55(1)3 of the Criminal Act)
1. The defendant's reason for sentencing of concurrent crimes (aggravating concurrent crimes with punishment prescribed by night structure intrusion larceny around April 3, 2013, which is the most severe punishment, nature of the crime, and crime) under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.