특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The grounds for appeal (unfair sentencing) are as follows: Each punishment of the lower court (one year: imprisonment with prison labor; six months; imprisonment with prison labor; and imprisonment with prison labor for three months; and imprisonment with prison labor for two months).
2. The appeal case against the judgment below was consolidated at the court below's ex officio reversal following the consolidation, and each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about the sentencing, and the following judgment is rendered through pleading.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 331(2), 331(1) (a) and 330, 30 (a crime against intrusion at night), 329, 260(1) and 257(1) (a) of the Criminal Act concerning the crime in question and the choice of punishment; (b) Articles 331(2), 330, 30 (a) (a) and 257(1) (a) of the Criminal Act concerning the punishment; (c)
1. The former part of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed most of the crimes during the suspended execution period due to the same kind of crime for sentencing. The remainder of the crimes also committed at the time when the suspended execution period expires, and thus, it is necessary to punish the principal.
The sentencing grounds were considered, such as the defendant's age, family relation, motive, etc.