특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) against the Defendant is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by authority, the facts that the Defendant was sentenced to imprisonment with prison labor and two months at the Incheon District Court on November 19, 2015 by fraud, etc. on January 19, 2016 are obvious to this court. As such, the crime of fraud, etc., for which the judgment became final and conclusive, and the crime of this case, in relation to concurrent crimes by a group after Article 37 of the Criminal Act, are determined by taking into account the equity between cases where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act. However, the lower court erred by omitting this, and in this respect, the lower
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the judgment of the court below and the summary of the evidence was "ended" in the fourth part of the facts charged.
“Termination,” and on November 19, 2015, the Incheon District Court was sentenced to one year and two months of imprisonment for fraud, etc., and the said judgment became final and conclusive on January 19, 2016.
Except for the change to "the original judgment, it is identical to each corresponding column of the original judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 332, 329 of the Criminal Act concerning the selection of punishment (including habitual larceny, comprehensive theft), Article 347 (1) of the Criminal Act (a point of fraud), Article 70 (1) 3 (a point of use of stolen credit cards) of the Act on Specialized Credit Financial Business, and each choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The grounds for sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are recognized and reflected by the defendant, and each of the instant cases.