절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment and probation, etc.) is too unreasonable.
2. First of all, we examine ex officio the judgment, and according to the arguments and records in this case, the defendant was found to have been deaf, but the court below erred in failing to legally mitigate pursuant to Article 11 of the Criminal Act while applying statutes. Thus, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the ground that there is a ground for reversal of authority as above in the judgment of the court below.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. Legal mitigation under Articles 11 and 55 (1) 3 of the Criminal Act;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, including the fact that the defendant committed each of the instant offenses, even though he was sentenced three times or more as a thief crime, and at the same time, he committed each of the instant offenses, etc., which is disadvantageous to the defendant, and that the defendant has a deep depth and reflects his wrongness, and the defendant was not much stolen due to each of the instant offenses, and the amount was arrested at the scene of the crime, and both money was recovered, and the defendant agreed with the victim and the victim.