절도
We reverse the judgment of the court below.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (No. 1: fine of KRW 4 million: fine of KRW 4 million; fine of KRW 1 million: fine of KRW 1 million) declared by the court below is too unreasonable.
2. Ex officio determination
A. After examining ex officio, the court of original judgment Nos. 1 and 2 sentenced the defendant to a fine of KRW 4 million for the former, and a fine of KRW 1 million for the latter, and the defendant filed an appeal for each of the above judgments, and the court of original judgment decided to hold concurrent hearings for the above two appeals. The first and second offenses against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the judgment of the court of original judgment cannot be exempt from all reversal.
B. Furthermore, according to the records of this case, the facts that the defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for larceny at the Jeonju District Court on February 6, 2014, and all appeals and appeals by the defendant are dismissed, and the above judgment becomes final and conclusive on September 26, 2014 can be recognized. As such, each of the crimes in the judgment of the court below that became final and conclusive prior to the judgment of the court below is a concurrent crime under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt the punishment, taking into account equity with the case where the judgment of the court below is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Accordingly, the judgment below that did not take such measures is no longer possible 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, on the grounds of the above ex officio reversal.