특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The summary of the grounds for appeal is too unreasonable that each of the punishments (one year and four months of imprisonment, and six months of imprisonment) sentenced by the court below is too unreasonable.
2. Prior to the determination of the Defendant’s argument on the grounds of appeal, the first instance court held that the Defendant filed an appeal against the instant judgment by both the lower court and the pleadings were combined in the trial. However, each offense against the Defendant, which the lower court rendered against the Defendant, should be adjudicated simultaneously in accordance with Article 38 of the Criminal Act and sentenced to a single sentence. Thus, the lower court’s judgment was no longer maintained.
3. Accordingly, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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 legal provisions concerning facts constituting an offense, Article 331(1) of the Criminal Act (the point of larcenying a structure after night destruction), Article 347(1) of the Criminal Act (the point of larceny, the choice of imprisonment), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of illegal use of credit card, the choice of imprisonment), Article 329 of the Criminal Act, Article 329 of each Criminal Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 148 and 54(1) of the Road Traffic Act, Article 151 of the Road Traffic Act (the choice of imprisonment), Article 151 of the Road Traffic Act (the point of failing to take measures after an accident);
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) the Defendant, throughout 13 times, stolen property equivalent to KRW 22950,000,000, and used a stolen credit card; and (b) separately steals vehicles.