특수절도등
The judgment below
The part against the defendant shall be reversed.
As to the defendant's crime of "2017 Godan303" in the judgment of the court below.
1. The summary of the grounds for appeal is that the punishment of the lower judgment (the 2017 Height 303: Imprisonment with prison labor for four months, the 2017 Height 277 and the 2017 Height 405: Imprisonment with prison labor for one year and two months) is too unreasonable;
2. In light of the following facts: (a) the Defendant committed larceny and bodily injury by intrusion upon or destroying at night jointly by the Defendant; (b) the juvenile protection case was imposed several times on the grounds that the Defendant was a juvenile who committed a crime committed several times through several times; (c) the Defendant was exempted from the execution of the remaining punishment by special amnesty during the execution of imprisonment with prison labor due to special larceny, etc.; (d) the Defendant is recognized to have committed some of the instant offenses during the repeated offense period; (c) the Defendant is against the Defendant’s wrong recognition; (d) the Defendant has agreed with the victim of the 2017 High Order 303; and (e) the Defendant’s agreement was reached with the victim of the 2017 High Order 305 High Order 405; and (e) other matters concerning the Defendant’s age, occupation, sex, family relationship, circumstances after the commission of the instant crime; and (e) the Defendant’s argument is justified because the Defendant’s punishment of the lower judgment is unreasonable due to its absence.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act and Article 331(2)1 of the Criminal Act (special larceny) concerning facts constituting an offense, and Article 257(1) of the Criminal Act (the point of injury and the choice of imprisonment with prison labor) of the same Act;
1. As to the crimes of Article 35 of the Criminal Act for aggravated repeated crimes (as to the crimes of "2017 Height 277" and "2017 Height 405" in the judgment);
1. Article 37 of the Criminal Act shall apply to concurrent crimes and mitigation of punishment: Provided, That Article 39 (1) of the Criminal Act (amended by Presidential Decree No. 2017 303 and judgment) shall become final and conclusive;