특정범죄가중처벌등에관한법률위반(절도)등
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. Each sentence (No. 1: Imprisonment with prison labor for 2 years and 4 months, and a fine of 5 million won: the court below's decision) declared by the court below on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
A. In a consolidated hearing, this court conducted a joint hearing of each appeal case against the judgment of the court below, and each of the offenses in the judgment of the court below is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the
B. In addition, when the prosecutor changes the bill of amendment, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes in the name of the crime related to the facts charged in the judgment of the court of first instance as "Habitual larceny" and Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as "Article 332 of the Criminal Act" respectively. The same is changed by the court's permission.
On the other hand, the revised facts charged and the remaining crimes in the judgment of the court below should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below can no longer be maintained.
C. According to the records in the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Daegu District Court on April 23, 2015, and the said judgment became final and conclusive on August 28, 2015. Each of the instant crimes and special larceny, etc., for which the judgment became final and conclusive, are in the concurrent relationship between each of the instant crimes and the latter part of Article 37 of the Criminal Act, with regard to the concurrent crimes under the latter part of Article 39(1) of the Criminal Act, taking into account equity and taking into account whether to reduce or exempt the sentence, and the lower judgment
3. Accordingly, the judgment of the court below is above.