절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and four months.
1. The summary of the grounds for appeal (the first instance court: 10 months, the second instance court: Imprisonment with prison labor for 8 months and the third instance court: 10 months) is too unreasonable;
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court of first instance and the court of appeal held the defendant together with the appellate cases of the first, second, and third original judgment. Each of the crimes in the first, second, and third original judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be punished within the term of punishment or amount increased by concurrent crimes under Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below is no longer maintained in this respect.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio are established. The judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act, each of the choice of punishment for the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include the same criminal records of several times of fine and sentence. In particular, each of the crimes of this case committed during the period of repeated crime after having been discharged from prison after having been discharged from prison due to the same kind of crime. The theft, fraud, and one-year period after release from prison.