절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.
The above fine shall be imposed on the defendant.
1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, a fine of three hundred thousand won) is unreasonable.
2. Before determining the grounds for appeal ex officio, the lower court ex officio examined the grounds for appeal on each of the instant criminal facts. In so doing, the lower court erred by misapprehending the pertinent provisions on each of the instant criminal facts, namely, Articles 329 and 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, and Article 3(3)1 of the Punishment of Minor Offenses Act, without omitting the choice of punishment, and thereby sentenced to a punishment of KRW 4 months and fine of KRW 300,000,000,000,
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the ground that there is a ground for ex officio reversal as above. It is so decided as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence acknowledged by the court are identical to the corresponding column of the judgment below, except for the correction of the "afford credit card" as "afford credit card" of 3 pages 1 of the facts charged at the original trial, and thus, the summary of the facts charged and the evidence is cited as it is in accordance with Article 369
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Larceny: Article 329 (Selection of Imprisonment) of the Criminal Act;
(b) The point of fraud: Article 347 (1) of each Criminal Act.
(c) Use of stolen debit cards: Article 70 (1) 3 of the Specialized Credit Finance Business Act (Selection of Imprisonment or imprisonment) comprehensively.
(d) The point of disturbance for cancellation by a public office: Article 3 (3) 1 of the Punishment of Minor Offenses Act (Selection of Fine);
1. Article 35 of the Criminal Act among repeated crimes. Article 35 (Cases of thief, Fraudulent, and Violation of the Specialized Credit Financial Business Act)
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;
1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant has been punished several times for committing a crime such as the same kind of larceny, etc., and that is during the period of repeated crime.