특정범죄가중처벌등에관한법률위반(절도)등
All parts of the judgment of the court below against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
seizure.
1. The summary of the grounds for appeal of the lower court’s respective punishment (two and half years, confiscation, and six months, imprisonment of the lower court) is unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the first and second court rendered a separate examination and rendered a judgment of conviction against the defendant, and the court decided to hold a concurrent examination of each appeal case against each of the defendant's appeals.
However, each of the crimes of the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment imposed.
Therefore, each judgment of the court below against the defendant can no longer be maintained.
3. Accordingly, each judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the part of the judgment of the court below against the defendant is reversed and it is decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of each judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article applicable to criminal facts;
(a) Habitual larceny: Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) of the Criminal Act;
(b) Forgery of each official document and the uttering of forged official document: Articles 225, 229, and 30 of the Criminal Act;
(c) Forgery of each private document and the uttering of a falsified private document: Articles 231, 234, and 30 of the Criminal Act;
(d) point of fraud: Articles 347(1) and 30 of the Criminal Act;
(e) An attempted fraud: Articles 352, 347(1), and 30 of the Criminal Act;
(f) The transfer and lending of each means of access: Article 49(4)1 and 2, and Article 6(3)1 and 6(3)2 of the Electronic Financial Transactions Act;
(g) A report on a domicile of the homeland reserve forces members: Articles 15 (2) and 6-2 of the Establishment of Homeland Reserve Forces Act;
(h)military force mobilization training;