특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 3 months) of the lower court’s punishment (e.g., imprisonment with prison labor for 10 months and 2 months) is too unreasonable.
2. As the first and second judgments of the lower court appealed in the trial, each of the crimes in the first and second judgments against the Defendant became concurrent crimes under the former part of Article 37 of the Criminal Act.
In such cases, Article 38 of the Criminal Code should be ruled simultaneously and sentenced to one punishment, so the judgment of the first and second court can no longer be maintained.
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, and it is again decided as follows through pleading.
【Grounds for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court of first and second instances. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts, Article 331(2) and (1) of the Criminal Act concerning the selection of punishment (the point of special larceny), Articles 347(1) and 30 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Articles 347(1), 352 and 30 of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, each of the choice of imprisonment with prison labor;
1. From among concurrent crimes, the fact that the defendant's reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize and reflects his/her mistake, the fact that the defendant has reached an agreement with some victims in the trial, and the fact that there is economic difficulties are favorable to the defendant.
On the other hand, in light of the circumstances and methods of crimes, crimes are bad and punished several times for the same crime.