특정범죄가중처벌등에관한법률위반(절도)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. Each sentence sentenced by the court below (No. 1: imprisonment of 2 years and 6 months, and 2 months: imprisonment of 3 months) is too unreasonable.
B. The sentence imposed by the second instance court is too uncomparably unreasonable.
2. The first and second court rendered a judgment after completing a separate hearing against the accused respectively. The appeal against the judgment of the court below was filed, and this court decided to hold the above two appeals jointly for the trial.
Since the first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the sentence of a single sentence shall be imposed within the scope of a limited term of punishment imposed pursuant to Article 38 of the Criminal Act, and the judgment of the court below against the defendant shall no longer be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the allegation of unfair sentencing by the defendant and the prosecutor, on the grounds of the above ex officio reversal.
In the indictment of the 2019 order 1353 case, there is no record of criminal records corresponding to the defendant's repeated crime.
However, the facts of the criminal records of the criminal defendant who is the cause of repeated crime do not constitute criminal facts but merely constitute the reason for sentencing, and even if the indictment does not contain any applicable provisions to repeated crimes, the court may ex officio punish the criminal defendant as a repeated crime (see, e.g., Supreme Court Decisions 71Do2004, Dec. 21, 1971; 2006Do3194, Jul. 27, 2006; 2017Do2604, Apr. 26, 2017; 2017Do1353, Apr. 26, 2017).