특수절도등
The judgment of the court below is reversed.
A fine shall be imposed on the crime No. 2 and No. 3 of the judgment of the defendant in six months of imprisonment with prison labor.
1. The summary of the grounds for appeal is that each of the types of punishment (for example, 6 months of imprisonment and 2 and 3 months of imprisonment) of the judgment below (for example, 4 months of imprisonment) is too unreasonable.
2. Determination
A. Before determining the grounds for appeal by the defendant, the court below sentenced 6 months of imprisonment with prison labor as to the crime No. 1 as stated in the judgment of the court below, but since the statutory penalty under Article 331(2) and Article 331(1) of the Criminal Act, which is the applicable provisions to the criminal facts against the defendant, is imprisonment with prison labor for not less than one year but not more than 10 years, it may have been sentenced to discretionary mitigation or other legal mitigation, the court below sentenced the defendant to imprisonment with prison labor outside the applicable scope without prison labor. In this regard, the part on the crime No. 1 as stated in the judgment of the court below
B. In full view of all matters concerning the defendant's grounds for appeal against crimes Nos. 2 and 3 of the holding, the defendant's depth is against the defendant, the equity in the case of night residence intrusion larceny for which the judgment becomes final and conclusive, the amount of damage, the defendant's age, occupation, and all other factors concerning the sentencing specified in the records and arguments of the case, the punishment of the court below against crimes Nos. 2 and 3 of the holding is deemed unfair, and the defendant's allegation in this part is with merit.
3. As above, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and the following decision is delivered after pleadings, since the grounds for reversal ex officio exist and the defendant's appeal has merit
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The pertinent Article of the Criminal Act, Article 331(2) and (1) of the Criminal Act (the first point at the time of sale), Article 347(1) of the Criminal Act (the second point at the time of sale), and Article 350(1) of the Criminal Act concerning criminal facts