절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Each sentence of the original court (ten months of imprisonment) against the accused on the summary of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and the defendant filed an appeal against them, and the court of first and second trials decided to hold concurrent hearings of the above two appeals cases. Each of the offenses against the defendant in the first and second decisions of the court of first instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this respect, the judgment of the court of second and second trials cannot be maintained as they are.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347-2 of the Criminal Act, the choice of punishment for the crime, Article 347-2 of the Criminal Act, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, Article 360 of the Criminal Act, and the choice of imprisonment for each type of punishment;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act, even though the Defendant had been punished for the same kind of crime under the same Act, he/she again commits the instant crime during the period of suspension of execution. The instant crime committed by the Defendant, who acquired another person’s cellular phone, etc. and embezzled online merchandise coupons, and purchased and commercialized online merchandise coupons by using it.