특정범죄가중처벌등에관한법률위반(절도)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
Seized evidence No. 1 (2018 Highest 4090).
1. The summary of the grounds for appeal (violation of law and unreasonable sentencing) committed a crime under a state of mental disability due to assistance by the Defendant.
The determination of punishment (the first instance court: imprisonment with prison labor for three years and six months, and imprisonment with labor for the second instance: two years) is unreasonable.
2. Determination
A. The Defendant repeatedly committed several offenses with respect to the assertion of legal violation.
Although the defendant made a statement that the thief was a way to resolve the thief when the stief is severe, there is no ground to regard the thief as committing the thief in a state of mental disorder.
There is no error in the judgment of the court below affecting the judgment in violation of statutes.
B. Each of the judgments of the court below that joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.
The judgment of the court below cannot be maintained.
3. The judgment of the court below contains reasons for ex officio reversal.
Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, and 342 of the Criminal Act, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 167(2) and (1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act,
1. Article 35 of the Criminal Act among repeated crimes;
1. Concurrent Crimes.