상습절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal is too unreasonable, for each sentence (the first sentence: imprisonment with prison labor for a period of two years, and the second sentence: imprisonment with prison labor for a period of four months) sentenced by the first and second instances against the accused.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
The judgment of the court below 1 and 2 sentenced the defendant to each of the above two appeals cases, and the defendant filed an appeal against the defendant. This court decided to hold a joint hearing of the above two appeals cases. Since each of the offenses of the first and second appeals decision against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one of the offenses under Article 38(1) of the Criminal Act should be sentenced pursuant to Article 38(1) of the Criminal Act, the judgment of the court below 1 and the judgment of the court below
3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 332 of the Criminal Act, Articles 32 and 329 of the Criminal Act, Article 228(1) of the Criminal Act (in the event of an electronic record, etc. which is not recorded falsely), Articles 229 and 228(1) of the Criminal Act (in the event of an electronic record which is recorded falsely), the choice of imprisonment for each sentence;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. In addition, each of the crimes of this case was committed even though the period of repeated crimes due to the same kind of crime as the sentencing reason under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated concurrent crimes, and even if the number of crimes was committed and the amount of damage was high, damage has not been fully recovered until the depth of the party, and due to such crimes as false entry, such as electronic records, etc. of the defendant's official electronic records, etc.