절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. It is disadvantageous to the defendant that he/she has been punished for larceny or embezzlement of occupied articles.
However, the Defendant, who led to the confession of each of the crimes of this case, is against his mistake, and the Defendant agreed to the victim of larceny E, P, and the crime of embezzlement in the original trial, and the Defendant agreed to the victim of larceny, QE, M, and the crime of embezzlement in the first trial with each of the victims of larceny, respectively, in full consideration of the circumstances leading up to each of the crimes of this case, the circumstances after the crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the records and the theory of the change in the records of this case, such as the background of each of the crimes of this case, the lower court’s punishment is somewhat somewhat unreasonable, and the above assertion by the Defendant is reasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 329 of the Criminal Act (a thief by intention), Article 329 of the Criminal Act (a selection of imprisonment with prison labor), Article 360 (1) of the Criminal Act (a point of embezzlement of deserted articles in possession, and a choice of imprisonment with prison labor) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;