특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a maximum term of one year and short term of ten months.
seized coding.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of 10 months, short of 8 months, confiscation) of the first instance judgment and the second instance judgment (long-term four months of imprisonment with prison labor and short-term two months) are deemed to be unfair, respectively.
2. We examine the defendant's grounds for appeal ex officio prior to the judgment
The judgment of the court of first instance and the judgment of the court of second instance rendered each appeal against the defendant, and the court of second instance rendered a decision to jointly examine the above two appeals cases. Each of the offenses against the defendant in the first and second judgments is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and second instance cannot be maintained as it is.
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 grounds of the above reasons for reversal of authority, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 331(2) and (1) of the Criminal Act, Article 331(2) of the Criminal Act, Article 342 of the Criminal Act, Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of a joint injury and the choice of imprisonment) of the choice of a criminal offense;
1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;
1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows: (a) the Defendant recognized the error of each of the crimes in this case, and is in depth against the Defendant, and is still a juvenile with his age, and (b) before each of the crimes in this case.