야간주거침입절도등
The judgment below
Of the judgment of the court below, the part concerning each crime of Articles 2 through 5 of the judgment of the court below shall be reversed.
The above crimes are committed against the defendant.
The gist of the grounds for appeal by the defendant is as follows: (a) considering the various circumstances, which are the conditions for sentencing as shown in this case, the punishment imposed on the defendant for the crime No. 1 as stated in the judgment of the court below is too unlimited and unfair, the summary of the grounds for appeal by the defendant is as follows: (b) each punishment sentenced by the court below (2 months of imprisonment for the crime No. 1 as stated in the judgment of the court below, and 10 months of imprisonment for each crime No. 2 through 5 as stated in the judgment of the court below). Since the punishment imposed on the defendant for the crime No. 1 as stated in the judgment of the court below is deemed unfair, this part of the defendant's argument is without merit ("No. 6.1, 2016" appears to be a clerical error of the judgment of the court below No. 2. 6, "No. 3, 2016.1.3.), and the result of the defendant's further agreement with the victim'sO and the damage caused by the crimes No. 2 through 5 of the judgment of the court below is justified.
Therefore, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment of the court below as to the crimes in Articles 2 through 5 of the judgment of the court below is reversed, and it is again decided after pleading as follows. The defendant's appeal as to the crimes in Article 1 of the judgment of the court below among the judgment of the court below is dismissed pursuant to Article 364(4)
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense and attempted larceny at night in the choice of a punishment: The possession of separated objects under Articles 342 and 330 of the Criminal Act: Fraud under Article 360(1) of the Criminal Act: Violation of the Act on Specialized Credit Financial Business (Selection of Imprisonment) under Article 347(1) of the Criminal Act: Comprehensively, Article 70(1)3 of the Act on Specialized Credit Financial Business (Punishment of imprisonment) is applicable.