강도등
The judgment below
Part 1 and 4 of the judgment shall be reversed.
The defendant shall be punished by imprisonment with prison labor of one year and six months for the first and fourth crimes.
1. The summary of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment with prison labor for crimes Nos. 1 and 4, and one million won of fine for crimes Nos. 2 and 3 in its holding) is too unreasonable.
2. Determination
A. Before determining ex officio (as to the crime No. 1 and No. 4 in the market) the Defendant’s grounds for appeal on this part, the lower court ex officio examined the following facts: in applying statutes to crimes No. 1 and No. 4 in its holding, the Defendant was sentenced to imprisonment without prison labor or a heavier punishment and did not commit the above crime within three years after the execution of the sentence was completed or exempted; thus, even if the Defendant did not commit the crime during the repeated crime period, the Defendant committed an offense of aggravation of repeated crime as to each of the above crimes,
In this regard, the first and fourth crimes of the judgment of the court below in the judgment of the court below cannot be exempted from reversal.
B. Determination of the assertion on unfair sentencing (as to the crime No. 2 and 3 at the time of sale), there are favorable circumstances, such as the fact that the defendant led to the confession of the crime and reflects his mistake, and that the crime of this case is in the concurrent relationship between the crime of special robbery, etc. in which the judgment has already become final and conclusive and the latter part of Article 37 of the Criminal Act should consider
However, in light of the fact that the crime of this case was committed by the defendant who stolen money and valuables on two occasions from the PC to the use of the stolen physical card, and the nature of the crime is not weak. Nevertheless, considering the fact that the court below selected a fine among the statutory punishment for each of the above crimes, and all other sentencing conditions such as the defendant's age, character and behavior, and circumstances after the crime, it is not recognized that the sentence imposed by the court below is too unreasonable, and therefore, this part of the defendant's assertion
3. If so, the part concerning the crime Nos. 1 and 4 in the judgment of the court below is reversed on the ground of the above reasons for reversal of the above authority, without examining the Defendant’s assertion of unreasonable sentencing, it is reversed under Article 364(2) of the Criminal Procedure Act, and it