특수절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The fourth (No. 3,8) of the Oral Bakiki, which was seized.
1. In light of the overall circumstances of this case, the sentence imposed by the court below (a long-term eight months of imprisonment and a short-term six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was UV at the time of the judgment of the court below, but the Defendant was a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent that the Defendant reached the age of 19 and therefore, the judgment of the court below which sentenced the non-guilty sentence was no longer maintained in
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 331 (2) and (1) of the Criminal Act (the point of concurrent larceny) concerning facts constituting a crime, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes with punishment and concurrent crimes provided for in paragraph (1) of the same Article which are the most severe punishment and concurrent crimes);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of applicable sentences] : six months to seven years [the decision of a sentence] ; theft for general property ; theft for general property ; [the scope of recommending punishment] ; six months to one year and six months (basic area) from six months to one year (basic area) of imprisonment ; serious reflectivity - If more than two persons are combined, the defendant shall be sentenced to imprisonment with prison labor for six months.