절도등
1. The judgment below is reversed.
2. Each crime committed by the Defendant in the case of 2017 Godan 1792 and 2017 Godan 1968, respectively.
1. The summary of the grounds for appeal (the maximum term of six months, the short term of four months and the detention of ten days, the maximum term of eight months, the short term of six months, and the detention of ten days) of imprisonment with prison labor for each of the crimes described in Articles 1-1 and 2-1 among the crimes listed in the 2017 Heights and 1968 Heights and the 2017 Heights and the 2017 Heights in the judgment of the court below) is too unreasonable.
2. We examine ex officio prior to determining the grounds for appeal by the defendant.
The Defendant, as a student of AG, was sentenced to an illegal sentence by falling under “juvenile” under Article 2 of the Juvenile Act at the time the lower judgment was declared, but the lower court was no longer able to maintain the order, since the Defendant did not constitute “juvenile” in the first instance trial.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Larceny: Article 329 of the Criminal Act, the selection of punishment by imprisonment;
(b) Special larceny: Article 331(2) and (1) of the Criminal Act; selection of imprisonment;
(c) Joint residence intrusion: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act, and the selection of imprisonment;
(d) Operation without any license: Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the same Act, and the selection of penal detention;
1. The latter part of Article 37 of the Criminal Act and the Criminal Act mitigated for concurrent crimes: (a) Articles 39(1) and 55(1)3 of the Criminal Act (the first head of the judgment that became final and conclusive; (b) Articles 39(1) and 55(1)3 of the same Act; and (c) Articles 1(a) and 2 of the Act on the Disposal of Concurrent Crimes (the first head of the judgment that became final and conclusive); and (d) Articles 25(1)3 of the same Act.