절도등
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 (unfair sentencing: Imprisonment with prison labor for a period of two years and imprisonment for a period of one month) declared by the original court is too heavy.
2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.
Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. If so, the judgment of the court below is reversed on the ground that there is a ground for reversal ex officio as seen above, and the part of the judgment below excluding the order for compensation order for the first instance judgment among the judgment below pursuant to Article 364(2) of the Criminal Procedure Act is reversed without examining the unfair argument of sentencing by the defendant and the prosecutor, and the following decision is
[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by this court is as stated in the corresponding column of each judgment of the court below, except where the "1,129,800 won" of the last sentence of paragraph (3) of the facts constituting a crime of KRW 1 of the judgment of the court of first instance is "1,420,000", and therefore, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 347-2 of the Criminal Act, Article 347-1 of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment for a crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Each attempted larceny and larceny (the scope of recommended punishment) shall be the basic area (six months to one year and six months) of the theft in general property;
B. Fraud and fraud [the scope of recommended punishment] of general fraud, such as each computer use, shall be the basic area (6 months to 100 million won).