특정범죄가중처벌등에관한법률위반(절도)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. Each sentence (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 2 years) imposed on the Defendant by the lower court is too unreasonable.
B. The sentence imposed by the first instance court on the Defendant (two years of imprisonment) is too unhued and unreasonable.
2. We examine ex officio the judgment of the court below, and as the prosecutor filed an appeal against the judgment of the court of first instance against each of the judgment of the court of first instance, the appeal case was tried concurrently at the court of first instance. Since each of the facts alleged by the judgment of the court of first instance is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance should be rendered concurrently and a sentence should be imposed. Therefore, the judgment of the court of first instance cannot be maintained in this respect.
3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on each of the unfair arguments of sentencing by the defendant and the prosecutor.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act, Article 5-4 (5) 1 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act (the same shall apply to attempted larceny of repeated crimes), each of the following subparagraphs:
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.