절도미수
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the penalty (one million won of a fine) declared by the court below against the defendant is too unfilled.
2. According to the evidence duly adopted and examined by the court below and the court below on September 24, 2014, prior to the judgment on the grounds for appeal by the prosecutor ex officio, the defendant was sentenced to 8 months imprisonment with prison labor for larceny, etc. and 2 years of suspended execution on September 31, 2015 from the Incheon District Court Branch Branch of the Incheon District Court, which became final and conclusive on January 31, 2015. Since the crime in the judgment of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the above larceny for which the judgment became final and conclusive and the crime in the judgment of the court below is one of the concurrent crimes under Article 39(1) of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case where
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts constituting the offense and the summary of the evidence admitted by this court is to add "the defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc., 2 years of suspended execution, etc. on September 24, 2014, and the above judgment became final and conclusive on January 31, 2015" to the preceding part of the criminal facts constituting the offense, and the summary of the evidence was to be cited in accordance with Article 369 of the Criminal Procedure Act, except for addition of "the defendant's oral statement at the trial" at the last part of the judgment below, since it is identical to each corresponding part of the judgment below.
Application of Statutes
1. Article 342 and Article 329 of the Criminal Act concerning the crime, the choice of fines;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment;