절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
One cuter (No. 1) seized and one set of Gaz.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records of this case show that the defendant was sentenced to six months of imprisonment with prison labor on October 14, 2016 for the crime of violation of the Punishment of Violences, etc. Act (joint residence intrusion) at the Dong-dong Branch of the Daegu District Court on October 14, 2016, and the above judgment became final and conclusive on October 22, 2016. As such, the crime of violation of the Punishment of Violences, etc. Act (joint residence intrusion) for which the judgment became final and conclusive is related to the crime of this case in concurrent crimes under the latter part of Article 37 (1) of the Criminal Act, and the punishment is determined at the same time after considering equity and the mitigation of punishment or exemption. In this regard, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and evidence acknowledged by this court is as follows. The first head of the judgment of the court below stated that "the defendant was sentenced to imprisonment with prison labor for a period of one year and three months at the Daegu District Court on January 12, 201 and completed the execution of the sentence on November 25, 201," and "the defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Daegu District Court on January 12, 2011 and completed the execution of the sentence on November 25, 201. The execution of the sentence was completed on October 14, 2016. The defendant was sentenced to six months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (joint residence) in the same branch of the Daegu District Court on October 14, 2016, and the judgment became final and conclusive on October 22, 2016."