절도등
The defendant's appeal is dismissed.
An application for remedy by an applicant for compensation shall be dismissed.
In this case.
1. Summary of grounds for appeal;
A. As to the crime of illegally using the misunderstanding of facts (the crime of Section 2-b. of the judgment of the court below), the Defendant’s act of operating the pertinent vehicle on September 14, 2013 after attaching the registration number plate of the vehicle that was stolen from the victim F to the time of arrest on September 12, 2015 shall be deemed to be more than three to four times. B. Sentencing unfair sentencing (the crime of Section 1 and Section 2-A of the judgment of the court below) of the court below (the crime of Section 2-b and Section 3 of the judgment of the court below) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant and his defense counsel’s assertion of mistake is to the effect that the lower court’s judgment, which held the sentencing of “the time limit for the operation of a cruise motor vehicle,” was unfair, even though the criminal period from September 14, 2013 to September 12, 2015 was not much the number of times during which the Defendant operated a cruise motor vehicle.
This assertion is an argument that the sentencing of the lower court is unfair, since it was alleged that the fact about the sentencing factors was erroneous.
However, since the defendant and his defense counsel have explicitly asserted the facts of the court below on the grounds of appeal in the statement of reasons for appeal and the court of original trial, they shall be judged and judged as factors for sentencing.
In the event that a single and continuous criminal committed repeatedly for a certain period under the same or similar criminal intent and the benefit and protection of the law from the same is identical, each of the crimes shall be deemed an inclusive crime (see Supreme Court Decision 96Do1181 delivered on July 12, 1996, etc.). Even if it is not specifically specified for an individual act constituting a part of the single crime, the specific facts charged in the single crime shall be deemed to be specified if the whole crime is clearly stated, even if it is not specified for an individual act constituting a part of the single crime, such crime is committed (see Supreme Court Decision 2002Do807 delivered on June 20, 2002).