야간건조물침입절도등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
The case at the lower court No. 2020Kadan803 is the case.
1. The sentence of each court below on the grounds of appeal (the first instance court: imprisonment with prison labor for a year and two months, etc., and imprisonment with prison labor for a second instance: three months) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
The first and second original judgments were sentenced to each of the defendants, and the defendant filed each appeal against the first and second original judgments, and the court decided to hold the first and second original judgments together with the case of the second and the second original judgment.
Since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained any more.
3. As the judgment of the court of first and second trials on the grounds of the above ex officio reversal, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's respective arguments on unfair sentencing, and it is again decided as follows through pleading.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and the summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Grounds for sentencing under Article 48(1)1 of the Criminal Act that is subject to aggravated punishment of concurrent crimes by imprisonment with prison labor for each of the following crimes: Article 330 (a) of the Criminal Act, Article 329 (a) of the Criminal Act, Article 366 (a) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 37 (former part of Article 37), Article 38 (1) 2, Article 50 (a) of the Criminal Act, Article 48 (a) of the Criminal Act, Article 38 (b) of the Criminal Act, Article 50 (a) of the Criminal Act, which is the most severe punishment and concurrent crimes with the punishment prescribed by night structure intrusion larceny)
1. Scope of punishment by law: One month to fifteen years;
2. The scope of recommendations according to the sentencing criteria; and