야간건조물침입절도등
The part of the first judgment excluding the compensation order (including the dismissed part) and the second and third original judgment are all held.
1. The summary of the grounds for appeal (the first instance court: imprisonment for 8 months, the second instance court: imprisonment for 10 months, and the third instance court: the fine of 1 million won) that the court below sentenced to the defendant is too unreasonable.
2. Before deciding on the grounds for appeal by the defendant, this Court tried by examining each appeal case against the judgment of the court below jointly. Each of the offenses in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed, without examining the defendant's assertion of unfair sentencing, and the part excluding the compensation order (including the dismissal order) among the first judgment under Article 364 (2) of the Criminal Procedure Act, and the second and third judgment are all reversed, and it is again decided as follows after pleading.
[C] The facts constituting an offense and the summary of the evidence admitted by the court are as follows: (a) the summary of the facts constituting an offense and the summary of the evidence are as follows; (b) the facts constituting an offense and the summary of the evidence as stated in the third 4th sentence of the first instance judgment are as follows; and (c) the phrase “from January 10, 2014” as stated in the third 2nd sentence of the second instance judgment is as stated in the third 2nd sentence of the third 05:35, respectively; and (d) the facts constituting an offense and the summary of the evidence are as stated in the corresponding column of the lower judgment, and
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 ( point of larceny at night), 329 ( point of larceny), 347 (1) and 347-2 ( point of fraud, such as fraud), Articles 70 (1) 3 ( point of Use of Theft Credit Card), 70 (1) 6 ( point of Use of Theft Credit Card Information), and 70 (1) 6 ( point of Illegal Use of Credit Card Information), each of the choice of imprisonment: Provided, That each of them shall be punished by imprisonment;