특정범죄가중처벌등에관한법률위반(강도)등
The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.
Defendant shall be punished by imprisonment with prison labor for ten years.
1. The punishment of the first and second judgment (the imprisonment with prison labor for 12 years and the imprisonment with prison labor for 2 months) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.
2. We examine ex officio determination prior to the determination of the grounds for appeal by the Defendant and the person who requested the attachment order (hereinafter “Defendant”).
The judgment of the court below in 1 and 2 sentenced the defendant respectively, and all of the above two appeals cases were appealed by this court, and this court decided to hold a joint trial. Since each crime of the first and second appeals against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below (excluding the part on attachment order among the judgment of the court below 1) cannot be maintained as it is.
3. As long as the Defendant filed an appeal regarding the Defendant’s case, the appeal regarding the claim for attachment order pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. is deemed to have been filed. However, the Defendant did not submit any grounds for appeal regarding the attachment order case, and even if examining the lower judgment, the grounds for reversal ex officio is not found.
Therefore, the appeal against the defendant's request for attachment order by the defendant is without merit.
4. In conclusion, the judgment of the court below of first and second instance (excluding the part regarding the attachment order among the judgment of the court of first instance) is reversed ex officio as seen earlier. Thus, the judgment of the court below pursuant to Article 364(2) of the Criminal Procedure Act (excluding the part regarding the attachment order among the judgment of the court of first instance) is reversed without examining the defendant's unfair argument about sentencing and it is again decided as follows after the pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the first and second judgments. Thus, Article 369 of the Criminal Procedure Act is the same.