야간주거침입절도등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of two years and three months.
The seized 14k female ears.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: imprisonment with prison labor for a year and one year and six months) of the lower court is too unreasonable;
2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below, and the court decided to hold concurrent trials against the judgment of the court below. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
3. As such, the judgment of the court below is reversed in its entirety pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in its entirety and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 329 of the Criminal Act concerning the selection of punishment (abstinence, punishment by imprisonment), Article 319 (1) of the Criminal Act (abstinence by residence, choice of imprisonment), Article 330 of the Criminal Act (abstinence by residence at night);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes resulting from intrusion at night with the largest punishment);
1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act is that the Defendant committed a larceny during the period of repeated crime of the same kind, and did not make repayment to the victims of damage, and thus, the Defendant’s crime is against the victim, and the amount of damage caused by a part of the crime is relatively large.