야간주거침입절도등
The guilty part of the judgment of the court below and the judgment of the court of second instance shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
(e).
1. Summary of grounds for appeal;
A. The Defendant’s appeal against the judgment of the second instance against the judgment of the court below: (1) Although there was a misunderstanding of facts against the victim’s head bond by putting the head bond of the victim U and cutting it over the bottom, there was no fact that the head bond was scleeped by 7-8 times, the head bond was scleeped on the bottom, or that the sclick with the hand floor was scleeped by g-8, and there was no fact that the sclick disease was
Nevertheless, the judgment of the court below which found the defendant guilty of the violation of the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) shall be erroneous in the facts charged.
(2) The second sentence of the lower court (one year and two months of imprisonment) on the ground of unfair sentencing is too unreasonable.
B. The Prosecutor’s appeal against the lower judgment (1) notified the Defendant of the fact-finding assertion as to the acquittal portion among the lower judgment of the lower court, at the time when the Defendant ordered the alcohol, that the victim U was the victim’s “basic”, and at the time, the Defendant did not possess cash or credit cards. At the time, the Defendant did not have certain incomes, and thus, the Defendant is deemed to have committed fraud.
Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous in the misapprehension of facts.
(2) The lower court’s sentence on the assertion of unfair sentencing (the first instance judgment: imprisonment with prison labor for a year 2 years, probation, community service order 120 hours, and 20 hours: imprisonment with prison labor for a year 1 year and 2 months) is too uneasible and unreasonable.
2. Determination:
A. As the judgment of the court below that appealed ex officio prior to the assertion by the defendant and the prosecutor, the defendant and the prosecutor joined the court of first instance, the conviction part among the judgment of the court of first instance and the judgment of the court of second instance is in a concurrent crime under the former part of Article 37 of the Criminal Act, and each of the above facts constituting an offense should be adjudicated simultaneously in accordance with Article 38 of the Criminal Act, and thus, the conviction part among the judgment of the court of first and the judgment of the court of