특수절도등
All the judgment of the court below (excluding the part against Defendant A of the judgment of the court below of the fourth instance) shall be reversed.
Defendant
C. Imprisonment.
[Judgment on the Reasons for Appeal] The sentencing of the original court (the first instance court: the imprisonment of 1 year and 6 months, the imprisonment of 1 year and 1 year and 6 months, the short-term August of 10, the second instance court: the imprisonment of 2 months and 3 months: the imprisonment of 3 months: Defendant C, 8 months and 4 months: Defendant C and 6 months) is too unreasonable.
We examine ex officio prior to the judgment on the grounds for appeal for ex officio judgment.
Defendant C due to the consolidation filed an appeal against the judgment below, and Defendant C filed an appeal against the judgment below Nos. 1 and 4, and this court decided to concurrently deliberate on each of the above appeals cases. Each of the above offenses against the above Defendants is related to concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this regard, the parts against the above Defendants among the judgment of the court below Nos. 1 and 4 and the judgment of the court below Nos. 2 and 3 were all reversed.
According to the records of reversal due to misunderstanding of legal principles, the defendant A was sentenced to imprisonment with prison labor for a short-term of four months for fraud, etc. at the fourth instance court and the above judgment became final and conclusive on June 26, 2014.
Since each crime of the judgment of the court of first instance against the defendant is in a concurrent relationship between fraud for which judgment has become final and conclusive and concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined in consideration of equity with the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, the part of the judgment of the court of first instance that did not take such measures
Therefore, the judgment of the court below (excluding the part against Defendant A among the judgment of the court below of the fourth instance) has the above reasons for ex officio reversal, and without examining the Defendants’ assertion of unfair sentencing, Defendant A among the judgment of the court below of the court below under Article 364(2) of the Criminal Procedure Act.