절도미수등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (unfair sentencing) that the judgment of the court below rendered against the defendant (the judgment of the court below No. 1: Imprisonment with prison labor for a year and June, and No. 2: imprisonment with prison labor for a year) is too unreasonable.
2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.
Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.
In this respect, all judgment of the court below cannot be maintained as it is.
3. 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 entirety, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to each of the corresponding columns in 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 the Criminal Act concerning criminal facts, Article 329 of the Criminal Act of the choice of punishment (abstinence point, choice of imprisonment), Articles 342, 329 (abstinence point, choice of imprisonment) of the Criminal Act, Article 331(2) and 331(1) of the Criminal Act (abstinence point) of the Criminal Act, Articles 342 and 330 of the Criminal Act (abstinenced larceny point at night);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (an aggravated punishment for concurrent crimes prescribed by the most severe special larceny) of the Criminal Act are as follows: (a) the defendant has been punished nine times for the same crime; and (b) the defendant committed each of the crimes of this case from the time when two months have not elapsed since the end of the term of punishment; (c) the crime is very poor; and (d) the victims’ damage has not been recovered, considering the circumstances unfavorable to the defendant.