절도미수등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (a fine of seven million won) declared by the court below is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor’s appeal, the record reveals that the Defendant, on December 12, 2013, was sentenced to three years of imprisonment with prison labor for larceny, etc. on October 4, 2014, and the judgment became final and conclusive on July 4, 2014. The instant crime was committed in concurrent crimes under the latter part of Article 37 of the Criminal Act between larceny, etc. for which the judgment became final and conclusive, and thus, was concurrently judged in accordance with Article 39(1) of the Criminal Act, taking into account equity and taking into account whether mitigation or exemption of punishment is to be determined, but the lower judgment, which failed to take into account, cannot be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without a need to determine the prosecutor's allegation of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and the evidence admitted by this court is "criminal facts" as stated in the first head of the "criminal facts". "The defendant was sentenced to three years of imprisonment with prison labor for larceny on December 12, 2013 from the vice branch of the Daegu District Court, which became final and conclusive on July 4, 2014," and "a summary of evidence" as stated in the corresponding column of the judgment of the court below, except for addition of "a summary of the case agreement assistant and a copy of each judgment" to the "a summary of the evidence" as stated in the corresponding column of the court below. Thus, all of them are cited pursuant to Article 369 of the
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of fines, respectively, for the crime;
2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;
3. The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes shall apply.