절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
An application for compensation order by an applicant for compensation.
1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 5 months and 9 months) that the court below sentenced to the defendant 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. According to the records of this case as to the application for compensation, the victim of larceny related to F's physical card that the defendant withdrawn with F's physical card as the applicant for compensation is not F but the manager of the said cash withdrawal machine.
Therefore, in this case, since the existence or scope of the defendant's liability is not clear pursuant to Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the application for compensation order by the applicant for compensation is without merit.
4. 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.
An application for a compensation order filed by an applicant for compensation shall be dismissed in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the first and second original judgments. Thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles), Article 319 (1) of the Criminal Act, and the choice of imprisonment with labor.