특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The decision of the court below (the first instance court: the imprisonment of six months, and the second instance court: the imprisonment of six months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the first and second judgments were rendered to the Defendant, and the Defendant filed an appeal against them, respectively. This court decided to hold a joint hearing of the above two appeals cases. Each of the crimes of the first and second judgments against the Defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is, since it is a single sentence under Article 38(1) of the Criminal Act, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.
3. Accordingly, 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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts; Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; and Articles 148 and 54(1) of the Road Traffic Act (the occupation of non-measures after an accident) concerning the relevant criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The grounds for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are as follows: (a) the degree of damage suffered by the victims is not much serious; and (b) the Defendant recognizes all of the crimes of this case, which are favorable to the Defendant.
On the other hand, the defendant.