절도등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Each sentence (one year of imprisonment with prison labor and two months of imprisonment with prison labor) imposed on the defendant in the summary of the grounds for appeal in the judgment of the court below is unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments were sentenced to each of the judgment below against the defendant, and the defendant filed an appeal against the first and second judgment, and this court decided to hold a joint hearing of the above two appeals cases. Each of the crimes against the defendant in the first and second judgment against the defendant in the concurrent relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is, since it is a single sentence under Article 38(1) of the Criminal Act.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing as to the judgment of the court below Nos. 1 and 2, and it is again decided following the oral argument as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 360(1) of the Criminal Act for the crime concerned; Article 329 of the Criminal Act; Article 329 of the Criminal Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act; Article 3(1), the proviso of Article 3(2)2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 151 of the Road Traffic Act; Article 331-2 of the Criminal Act for each act of crime;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, each violation of the Road Traffic Act, each of the crimes of violation of the Road Traffic Act, and the punishment imposed on a violation of the Act on Special Cases concerning the Settlement
1. Selection of penalty;