절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 10 months, and imprisonment with prison labor for 4 months) of the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
This Court decided to consolidate each appeal case against the judgment below.
However, since each crime of the judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, if concurrent crimes are judged at the same time, one of these crimes should be sentenced in accordance with Article 38 of the Criminal Act, and the judgment of the court below cannot be maintained
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 assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier. The judgment of the court below is reversed in entirety, and the following is
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are all shown in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 355 (1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment for each sentence;
1. Of concurrent crimes, the circumstances unfavorable to the defendant for the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act are as follows:
The defendant has been subject to the suspension of the execution of imprisonment four times due to theft, fraud, embezzlement, etc. and the same criminal record as a fine.
The defendant did not reach an agreement with the victim E, and the victim I want to punish the defendant.
The total amount of damages of victims is 1,4350,000 won.
Circumstances favorable to the defendant shall be as follows: