특수절도미수등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below on the gist of the reasons for appeal (the first instance court: imprisonment of 8 months and imprisonment of 4 months) is too unreasonable.
2. Determination
A. The judgment of the court below on the defendant's ex officio determination was rendered, and the defendant filed an appeal, and this court decided to hold a joint trial on the above two appeals cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act, and thus, the judgment of the court below 1 and 2 cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 2(2)1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 319 of the Criminal Act (joint residential intrusion, choice of imprisonment), Articles 342, 331(2) and 331(1) of the Criminal Act (the point of attempted special larceny), Article 283(1) of the Criminal Act (the point of intimidation, choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment)
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act include: (a) the Defendant’s record of juvenile protective disposition due to special larceny; (b) the Defendant committed a second offense during the period of repeated offense despite having been committed by an act of violence; and (c) the Defendant’s age, sex, environment, motive and background of the offense, means and consequence; and (d) the circumstances after the offense.