절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for a maximum of four months and two months.
1. The decision of the court below on the gist of the grounds for appeal (short-term four months of imprisonment with prison labor) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant’s statement at the court of first instance was examined, and the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and ten months by larceny, etc. at the Daegu District Court on April 27, 2016, and the judgment became final and conclusive on June 29, 2016. As such, each of the instant offenses, including larceny, etc., for which the judgment became final and conclusive, is determined after examining whether to reduce or exempt punishment by taking into account the case where the judgment is concurrently rendered pursuant to Article 37(1) of the Criminal Act and equity, and thus, the lower court, which omitted such measures, became unable to be upheld.
3. Therefore, 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, and the following is again decided after pleading.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this Court is the first head of the lower judgment’s criminal history. “The Defendant was sentenced on April 27, 2016 to imprisonment with prison labor for a maximum of one year and ten months for larceny, etc. at the Daegu District Court on April 27, 2016 and the judgment became final and conclusive on June 29, 2016.
“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Code of the relevant Act concerning the facts constituting an offense (a point of the Do), Article 148-2 subparag. 2, Article 44(1) of the Road Traffic Act (a point of drinking), Article 154 subparag. 2, and Article 43 of the Road Traffic Act (a point of driving without a license) of the same Act, Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (a vehicle covered by mandatory insurance).