특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
However, for four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 1 year and 6 months) by the court below is too unreasonable.
2. Ex officio determination of ex officio, the original court sentenced each of the above original judgments after completion of a separate hearing against the defendant, and all of the defendants filed an appeal against this decision, and the original court decided to hold concurrent hearings of the above two appeals cases. Each of the first and second original judgments against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the original judgment cannot be reversed in its entirety.
3. 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, on the ground of the above reasons for reversal of authority, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as follows. The facts charged in the second judgment and the summary of the evidence are identical to the corresponding column of each judgment of the court below, except for the deletion of the part that "the defendant appealeded on November 20, 2013 from the Gunsan Branch of the Jeonju District Court to be sentenced to eight months of imprisonment with prison labor for special larceny and is still pending in the appellate court at the present Jeonju District Court." Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 331(1) of the Criminal Act applicable to the relevant criminal facts; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act;
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;