절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. He shall appoint a state appointed defense counsel ex officio prior to the judgment on the grounds for appeal by the defendant ex officio; and if the defendant is detained, the court shall appoint a state appointed defense counsel ex officio.
(Article 33(1)1 of the Criminal Procedure Act. However, according to the records of this case, the court of original judgment closed the pleadings against the Defendant without defense counsel on April 12, 2013, and detained the Defendant on May 28, 2013, and the Defendant requested the appointment of a state appointed defense counsel on June 5, 2013, but dismissed the Defendant’s request for the appointment of a state appointed defense counsel on June 14, 2013, and sentenced the Defendant for four months of imprisonment.
Therefore, the judgment of the court below is erroneous in the misunderstanding of legal principles as to the necessary appointment of state appointed defense counsel, which affected the conclusion of the judgment.
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, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows: the facts charged by the court below and the summary of the evidence are as follows: in addition to the fact-finding of the court below's judgment's order that "the chief commissioner" is "the driving seat", it is identical to the corresponding column of the court below's judgment. Thus,
Application of Statutes
1. The grounds for sentencing under Article 329 of the Criminal Act and Article 329 (Selection of Imprisonment) of the Act on the Punishment of Criminal Crimes have no change of circumstances after the original judgment was sentenced, and no recovery from damage has been made until the court of the case. The defendant has a record of criminal punishment over several occasions for the same crime, and the defendant's age, character and conduct, environment, and motive and motive of the crime.