야간건조물침입절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than five months.
However, for one year from the date this judgment becomes final and conclusive.
1. The punishment of each court below (the first instance court: the imprisonment of five months, and the second instance: the fine of two million won) shall be too unreasonable; and
2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment. Each of the offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and the punishment shall be imposed with a single sentence within the scope of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Therefore, all of the judgment below shall
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the following is again decided through oral argument.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment (the points of larceny at night) and Article 329 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. Article 62 (1) of the Criminal Act;
1. Although the reasons for sentencing under Article 62-2 of the Probation Criminal Act had been sentenced to a fine and imprisonment for the same kind of crime, each of the crimes of this case is very minor that the defendant steals Kim(s) and juice at the convenience store in high wave, and the defendant's age, character and behavior, environment, motive and circumstances leading to each of the crimes of this case, and circumstances leading to each of the crimes of this case before and after the crimes, etc., and all of the circumstances constituting the conditions for sentencing and sentencing indicated in the arguments and records of this case shall be determined as ordered.