야간건조물침입절도
The judgment of the court below is reversed.
The defendant shall be exempted from punishment.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds for appeal by authority, the record reveals that the Defendant was sentenced to six months of imprisonment with prison labor on April 18, 2018 in the Jeonju District Court’s Gunsan Branch for night building intrusion larceny, etc., and the said judgment became final and conclusive on July 27, 2018.
Since the crime of the judgment of the court below against the defendant and the above night structure theft, etc. in which judgment of the court below became final and conclusive, in relation to the concurrent crimes after Article 37 of the Criminal Act, a punishment for the crime shall be imposed in consideration of equity in the case where the judgment is rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act, so the judgment of the court below
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again ruled as follows through pleading.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court was sentenced to six months of imprisonment with prison labor on April 18, 2018 in the Jeonju District Court's Gunsan Branch, and the above judgment became final and conclusive on July 27, 2018.
“1. Before the judgment,” and the summary of the evidence added “1. Before the judgment: the result of the search of the case and the judgment of the court,” as stated in each corresponding column of the judgment of the court below, this shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 330 of the Criminal Act concerning the facts constituting an offense;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
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;
1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the Defendant’s confession and reflects the instant crime before the date of the instant crime).