특정범죄가중처벌등에관한법률위반(절도)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Summary of Grounds for Appeal
The punishment of the lower court (the first instance judgment: two years of imprisonment, and one year of imprisonment) is too unreasonable.
Before the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed each appeal against the health department and the judgment of the court below, and this court decided to hold the above appeal jointly.
However, since each crime of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 of the Criminal Act, the judgment of the court below should be reversed in its entirety.
In conclusion, 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 examining the defendant's allegation of unfair sentencing, on the grounds of the above ex officio reversal.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of each judgment below. Thus, it is acceptable in accordance with Article 369 of the
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 342 and 329 of the Criminal Act, and Article 319 (1) of the Criminal Act for each of the following crimes:
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. From the date of release to the date of arrest, the Defendant committed the instant crime continuously from the two months after release, despite the fact that the reason for sentencing under the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act had been 20 times been committed by the larceny.
This point shall be considered disadvantageous to the accused.
Provided, That the defendant shall be a minor at the time of his/her birth.