특수절도등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and four months.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a maximum of one year and six months, the short of one year and the second instance: imprisonment for a maximum of six months, and the short of four months) that the lower court sentenced to is unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A. As to the judgment of the court below that was reversed due to the consolidation of the appellate court, the defendant filed an appeal and the court decided to hold a joint trial on all the above appeal cases. Each of the offenses committed by the court below against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained any more
B. The judgment of the court below that sentenced the defendant's non-scheduled sentence against the defendant was no longer maintained, since the defendant was a juvenile under Article 2 of the Juvenile Act at the time of a declaration of each judgment of the court below on the ground that he was an adult juvenile under Article 2 of the Juvenile Act when he was sentenced to AS birth.
3. As such, 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 of sentencing, and the judgment below is reversed in entirety and it is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) (a) of the Criminal Act regarding criminal facts, the choice of punishment (a special larceny), Articles 342, 331(2), and 331(1) (a) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (a) of the Criminal Act, Article 319(1) (a) of the Criminal Act, and Article 319 of the Criminal Act concerning the selection of punishment.