절도
The judgment of the court of first instance and the judgment of the court of second instance are reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Each sentence of the original court against the defendant in the summary of the grounds for appeal (the first instance court's sentence: the imprisonment of August and the second instance court's sentence: the imprisonment of six months) is too unreasonable.
2. The first and second court rendered a separate judgment after examining the case ex officio. The defendant filed an appeal against all the above decisions, and the court decided to consolidate the above appeal cases.
Each of the first and second original judgments against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, each of the above original judgments is no longer maintained.
3. As such, each of the judgment below of this case is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
[C] The facts constituting an offense and the summary of evidence recognized by this court are identical to the facts constituting an offense and the summary of evidence. In addition to the correction of the facts constituting “ December 13, 2013” as “ December 17, 2013,” the judgment of the court of first instance and the judgment of the court of second instance as “Article 369 of the Criminal Procedure Act,” it is identical to the facts constituting the corresponding columns in the judgment of the court of first instance and the judgment of the court of2.
Application of Statutes
1. Relevant Article 329 of the Criminal Act and each of the choice of punishment for the crime. Article 329 (Selection of Imprisonment with Labor);
1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against the victim F, who is the largest of the circumstances), are divided into and against one’s own criminal act, and are against it. In order to raise living expenses while the defendant was living alone through an indefinite growth process.