절도등
The judgment of the court below is reversed.
In two months of imprisonment with prison labor for a crime of No. 3 of the judgment of the court below, the first and second of the judgment of the court below.
1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unreasonable because it is excessively unreasonable that the punishment of the defendant (the imprisonment of two months, the first and second crimes, and the third crimes in the judgment of the court below) is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The lower court deemed that each of the crimes listed in Articles 1 and 2 as indicated in its holding (i.e., theft on June 3, 2014; (ii) intrusion upon a house on July 21, 2014; and (iii) the crimes listed in Article 3-B (i.e., self-thief on July 21, 2014) constituted a repeated offense and applied Article 35 of the Criminal Act accordingly.
Although the application of the law of the court below does not separately specify the crimes subject to repeated crimes, in light of the contents of the records of the crime in the court below's criminal facts, it seems that Article 35 of the Criminal Act is applied to the crimes in Articles 1 and 2 and 3-B of the judgment of the court below.
According to the records, the defendant was sentenced to a suspended sentence of six months on August 13, 2009 by imprisonment with prison labor for the attempted larceny, etc. at the Seo-gu District Court Branch Branch Branch of the Daegu District Court, and the judgment was finalized on August 21, 2009. On February 1, 2010, the decision was finalized on May 27, 2010 after being sentenced to six months of imprisonment with prison labor for fraud, etc. at the Seo-gu District Court Branch Branch Branch of the Daegu District Court, and on September 2, 2010, the judgment was finalized on May 27, 2010. On September 2, 2010, the defendant was sentenced to two months of imprisonment with prison labor for the crimes as larceny, and the above judgment was finalized on November 26, 2010, and on April 25, 2011, at the Daegu District Court.
Article 35 (1) of the Criminal Act provides that a person who was sentenced to imprisonment without prison labor or a heavier punishment and commits a crime falling under imprisonment without prison labor or a heavier punishment within three years after the execution thereof is completed or exempted shall be punished as a repeated crime.
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Therefore, among the facts charged in the instant case, each of the crimes listed in Articles 1 and 2 (the thief committed on June 3, 2014, the thief committed on July 21, 2014, and the thief committed on July 21, 2014) and the crimes listed in Article 3-b of the judgment (the thief committed on August 6, 2014).