특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The respective punishment of the court below against the defendant in the summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 1 year, and the second instance judgment: imprisonment with prison labor for 4 months) is too unreasonable.
2. Ex officio determination of ex officio, the original court sentenced each of the above original judgments after completion of a separate hearing against the defendant, and all of the defendants filed an appeal against this decision, and the original court decided to hold concurrent hearings of the above two appeals cases. Each of the first and second original judgments against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the original judgment cannot be reversed in its entirety.
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 and his defense counsel's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority exist, and it is again decided as follows.
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, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 331 (1) of the Criminal Act, Article 331 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 347 (1) of the Criminal Act, each of the choice of punishment for the crime;
1. Of concurrent crimes, the crime of this case is committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (up to the amount of concurrent crimes prescribed by the heavy special larceny). The defendant steals the property of the victim D or K on several occasions.