절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year and a fine of 600,000 won.
The defendant above.
1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for not more than 10 months and fine of not more than 600,000 won, and 2: imprisonment with prison labor for not more than 4 months) by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment below, and the court decided to hold the above two appeals jointly for deliberation.
Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
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's unfair argument of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.
[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court are identical to the corresponding column of each judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 329 of the Criminal Act concerning the selection of punishment (aggravating point, choice of imprisonment), Article 3(3)1 of the Punishment of Minor Offenses Act (a fine and selection of fines), Article 347(1) (a) of the Criminal Act, Article 70(1)3 (a) of the Act on Financial Business Specializing in Credit, Article 70(1)3 (a), Article 331(2) and (1) of the Criminal Act (a special larceny point) of the Criminal Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to each larceny, each fraud, a violation of the Act on Specialized Credit Financial Business, and special larceny);
1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 (Article 38 (1) 2 and 50) of the Criminal Act (Article 37 (Article 37), Article 38 (1) 3, and Article 50 (Article 50) of the Criminal Act provides for the most special larceny in which punishment is imposed for each of