상습절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Of the facts charged in the instant case, the name AW on March 2, 2017.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Ex officio determination
A. According to Articles 157 and 153 of the Criminal Act, if a person who committed an accusation under Article 156 of the Criminal Act makes a confession or acceptance of a confession before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted. The confession and the number of self-denunciation constitute the necessary mitigation or exemption of punishment.
In addition, there is no limitation to the law as to the procedure of confessions, and thus, it is clear that the report was made before being present as a witness in the court dealing with the reported case or in the court dealing with it, as well as that the defendant or suspect of the case was a false fact, and is also included in the concept of confessions by the court or in the investigation agency.
According to the records, the judgment, etc. was finally affirmed against the victims of the case for which the defendant filed a complaint against AT and BF.
There is no evidence to see, in the course of the investigation of each of the above accusation cases, the defendant's suspicion was revealed, and the defendant made a statement that recognizes all of the above facts charged on the date of the investigation agency and the trial of the court below. This constitutes a case where the defendant was led to confession before the judgment of each of the above facts charged was finalized with regard to AT and BF, and thus, a sentence should be imposed by the method of determining the applicable sentence within the scope of the term of punishment which is necessary to be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Act. However, the court below imposed a sentence without taking such measures. In this regard, the judgment of the court below cannot be maintained further.
B. Illegal uttering of official documents in the name of AW on March 2, 2017 (Article 2403 of the High Court Order 2017).