특수절도
The judgment below
The part against the defendant shall be reversed.
[Judgment of the court below] No. 2018 Godan2583 of this case
(a).(b).
1. Summary of grounds for appeal;
A. Prosecutor (1) In the case of each special larceny in the case of prosecutor (1) 2018 high-level 2583, each special larceny, and since the date of the crime was committed before the judgment becomes final and conclusive on August 5, 2017, the court below rendered a single punishment on the premise that each crime committed by the defendant is concurrent crimes in the latter part of Article 37 of the Criminal Act and the remaining crimes committed after the final and conclusive judgment cannot be deemed concurrent crimes in the former and latter part of Article 37 of the Criminal Act. However, the court below rendered a separate punishment on the premise that all of the crimes committed by the defendant are concurrent crimes in the former part of Article 37 of the Criminal Act. The court below erred in the misapprehension of legal principles.
(2) The sentence sentenced by the lower court of unreasonable sentencing (eight months of imprisonment) is too unjustifiable and unfair.
B. The sentence imposed by the lower court is too unreasonable.
2. In a case where several crimes for which judgment has not yet been rendered on the prosecutor’s assertion of misapprehension of the legal principles are committed before and after the final and conclusive judgment, a separate sentence shall be imposed for each of the crimes before and after the final and conclusive judgment.
(2) According to the evidence duly adopted and examined by the lower court and the lower court, the lower court and the lower court determined as follows: ① (a) ten months of imprisonment with prison labor for special larceny, etc.; (b) two years of suspended execution, which was sentenced by the District Court on October 20, 2017; and (c) the fact that the said judgment became final and conclusive on October 28, 2017 (hereinafter “final and conclusive judgment”); (b) four months of imprisonment with prison labor for special larceny; and (c) one year of suspended execution, having been sentenced to one year of imprisonment with prison labor for special larceny and one year of November 28, 2017 (hereinafter “final and conclusive judgment”); and
Examining the above facts in light of the legal principles as seen earlier, each of the crimes No. 1 and No. 2018 Go-so2583, which were written before the final and conclusive judgment of the court below, is considered respectively.