상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
1. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unhued and unfair.
2. We examine ex officio the grounds for appeal by the prosecutor ex officio.
According to the records of this case, at the Ulsan District Court on October 13, 2016, the defendant was sentenced to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) and imprisonment with prison labor for one year for larceny of night buildings. On February 21, 2017, after the judgment of the court below was rendered, the judgment of the court below became final and conclusive on February 21, 2017. Since each of the crimes in the judgment of the court below is in a concurrent relationship with the above crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) (i.e., intrusion of structure at night, larceny of building at night, and the latter part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained any longer.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.
【Grounds for the Judgment to be used again] Criminal facts and summary of evidence recognized by the court and summary of evidence are all criminal facts of the judgment of the court below. The judgment of the court below became final and conclusive on February 21, 2017, where the defendant was sentenced to imprisonment with prison labor for one year, etc. for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) at the Ulsan District Court on October 13, 2016, and for intrusion of structures at night.
In addition to adding "the text of the judgment" to "the summary of the evidence and adding "the text of the judgment" to "the relevant part of the judgment of the court below, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (a point of intrusion on a structure), Article 257 of the Criminal Act (1) (a point of harm) and the choice of imprisonment with prison labor for the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes.