절도미수등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The sentence (No. 1: Imprisonment with prison labor for 10 months, and imprisonment with prison labor for 8 months) declared by each court below on the gist of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant. Each of the facts charged in the judgment of the court below against the defendant, as each of the cases of the court below against which the defendant appealed was joined in the trial of the party, becomes concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and simultaneously sentenced one punishment in accordance with Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and following the pleadings are ruled as follows, on the grounds for appeal by the defendant.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 342, 329 (a point of attempted larceny) of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion upon residence), Article 330 of the Criminal Act (a point of intrusion by night room), and choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Each crime of resolution of the first instance judgment: since it is a single crime, the sentencing criteria do not apply;
(b) The second decision on the trial [type determination] The crime of larceny (a person with special sentencing) committed against general property in violation of the thief category, and the crime of the same repeated crime (aggravating factors) which does not correspond to the punishment unafford (aggravating factors) and the aggravation of specific crimes (aggravating factors) [the scope of recommended punishment] from 8 months to 1 year and 6 months (a mitigated area)
2. The defendant who has made the decision of sentence shall commit all crimes;