특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal is too unreasonable that each punishment (the first instance judgment: imprisonment with prison labor for 10 months and the second instance judgment: imprisonment with prison labor for 1 year) that the lower court pronounced against the Defendant is too unreasonable.
2. We examine ex officio the judgment of the court below, and the defendant filed each appeal against the above judgment of the court below and decided to hold the above appeal jointly. Each crime of the first and second judgment against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, which is related to the concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below against the defendant was no longer maintained, since the crime of the first and second judgment against the defendant is a concurrent crime under Article 38(1) of the Criminal Act.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is identical to each corresponding part of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) of the Criminal Act (special larceny), Articles 331(2), 331(1), and 30 of the Criminal Act (joint special larceny), Article 2(2) of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (joint intrusion) of the Criminal Act, Article 2(2) of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (joint conflict) of the Criminal Act, Article 350(1) of the Criminal Act, Articles 230 and 30 of the Criminal Act (non-use of official document), Articles 31, 30 (non-use of official document), Article 30 of the Criminal Act, Article 235 of the Criminal Act (non-use of official document), Article 30 of the Criminal Act, Article 31 of the Criminal Act, Article 235, Article 231 of the Criminal Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act (Attempted Documents)