절도
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
The seized mobile phone (Aphone 6S, VIVO).
1. The summary of the grounds for appeal - The summary of the grounds for appeal by the defendant and the prosecutor relating to the sentencing unfair and the reasons for appeal by the defendant are as follows: each punishment (one year and six months of imprisonment with prison labor, and one year and six months of imprisonment with prison labor, and ten months of imprisonment with prison labor) imposed by the court below is too unreasonable (the allegation of mistake was withdrawn). The prosecutor, rather than the prosecutor, is unfair because the decision of the first original judgment is too unfford.
2. The judgment of the court below and the judgment of the court below 1 and 2 on the defendant who reversed ex officio following the consolidation were sentenced, and the defendant filed each appeal, and this court decided to consolidate the two appeals cases.
The judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained as they are.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below and the judgment of the court below No. 1 and the judgment of the court below No. 2 are all reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, it is acceptable to accept them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 329 and 30 of the Criminal Act, and the choice of imprisonment for the crime;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for larceny against victim F, of the largest penalty);
1. Reasons for sentencing under Article 48(1) of the Criminal Act;
1. The so-called “phishing” crime is a crime without face, and is highly harmful in that it takes place without considering the personal circumstances of the victim.