야간건조물침입절도등
Of the original judgment of the first instance, the part concerning the first offense and the second judgment shall be reversed, respectively.
1. The summary of the grounds for appeal (an unfair form of punishment) of the lower court against the Defendant is too unreasonable (an imprisonment of one year and two months with prison labor and two months with prison labor and six months with prison labor with prison labor with respect to the crime No. 1 as indicated in the judgment of the lower court).
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
A. The consolidated trial defendant filed an appeal against the judgment of the court of first and second instances, and this court decided to consolidate the above two appeals cases, among the judgment of the court of first and second instances, the crime of the court of second and the judgment of the court of second instances at the time of the original trial among the judgment of the court of first and the defendant is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the part against the defendant among the judgment of the court of first and
B. The prosecutor of the amendment of indictment is among the crimes concerning the first offense at the time of the original judgment of the court of first instance.
A. At night 7-8, “34 times in total equivalent to KRW 8,121,00” was changed to “32 times in total, equivalent to KRW 7,341,00,” “34 times in total,” and “32 times” was deleted from “34 times in the first instance judgment,” and “8,121,000 won” was changed to “32 times in total:7,341,000 won in total,” and the part of “34 times in total: 8,121,000 won in the first instance judgment in the first instance judgment was removed from “32 times in total: 32,32:7,341,000 won in total,” and the part of the first instance judgment in the first instance judgment could no longer be maintained in the first instance judgment.
3. Of the original judgment of the court of first instance, the Defendant’s assertion of unreasonable sentencing on the second offense at the time of the original judgment on the sentencing order of the Defendant regarding the second offense is still subject to the judgment of this court, and thus, the Defendant’s assertion of unfair sentencing on the second offense at the time