특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The appellate court's punishment (the first instance court: imprisonment with prison labor for three years, and the second instance court: imprisonment with prison labor for two months) is too unreasonable, based on the summary of the grounds for appeal.
2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second appeals against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court of first and second appeals cannot be maintained as they are.
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 unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as that of each corresponding column of each judgment below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts, Article 31(1) of the Criminal Act regarding the selection of punishment (the point of special larceny), Article 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of driving alcohol), Article 239(1) of the Criminal Act (the point of signing a private signature), Articles 239(2) and 239(1) of the Criminal Act (the point of exercising the above investigation) of the Criminal Act, Articles 347(1) and 30 of the Criminal Act (the point of fraud against non-life insurance for victim corporation), Article 347(1) of the Criminal Act (the point of fraud against non-life insurance for victim corporation), Article 347(1) of the Criminal Act (the point of denying the registration of a resident registration number of a third party)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 37 of the Aggravation of Concurrent Crimes Act.