절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two months.
1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, it is unfair that the lower court’s imprisonment for three months, which the lower court decided against the Defendant, is too unreasonable.
2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to imprisonment on August 25, 2017 with prison labor for larceny, etc. at the Seoul Eastern District Court on August 25, 2017, and was sentenced to two years and two months, and the said judgment became final and conclusive on November 10, 2017.
However, since the crime of this case was committed in the relation of larceny, etc. for which punishment became final and conclusive, and the latter part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained any more in this regard.
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 below is reversed, and it is again decided as follows after pleading.
[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by the court is the first head of the crime, and the first head of the crime was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on August 25, 2017 and the final appeal is still pending in the final appeal.
on August 25, 2017, the Seoul Eastern District Court sentenced the imprisonment with prison labor for larceny, etc. on two years and two months, which became final and conclusive on November 10, 2017.
Except for the modification to “,” as described in each corresponding column of the lower judgment, the same shall be cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes: (a) the fact that the defendant confessions and reflects the reason for sentencing under Article 39(1) of the Criminal Code; and (b) the crime of larceny, etc. before and after the judgment became final and conclusive, and the crime of this case is concurrent crimes after Article 37 of the Criminal Code.