특수절도등
Of the judgment of the court of first instance, the part against the defendant and the judgment of the court of first instance shall be reversed.
. against the Defendant.
1. The summary of the grounds for appeal is too unreasonable that each punishment (the first instance judgment: imprisonment with prison labor for a maximum of one year and six months, the short of one year and one year, and the second instance judgment: imprisonment for a maximum of six months, the short of three months, and the third instance judgment: imprisonment with prison labor for a maximum of three months and the short of two months) declared by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the first instance court decided to jointly examine the part against the defendant in the judgment of the court of first instance and each appeal against the second and third judgment of the court of first instance (hereinafter "the judgment of the court of first instance"). Each offense the judgment of the court below found the defendant guilty against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act and thus a single sentence should be imposed within the scope of the punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first instance cannot be maintained in this respect.
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, and it is again decided as follows, without examining the Defendant’s assertion of unfair sentencing.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 70 (1) of the Specialized Credit Financial Business Act (the use of each stolen credit card, the choice of imprisonment), Article 360 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 30 of the choice of punishment for a crime
1. The former part of Article 37 of the Criminal Code among concurrent crimes.