특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence subparagraph 1 shall be confiscated.
The summary of the grounds for appeal by the defendant is that the sentence of each court below sentenced to the defendant (one year and six months of imprisonment and six months of confiscation, and six months of imprisonment) is too unreasonable.
Before determining this, we examined ex officio prior to the judgment of the court below, and the defendant filed each appeal against the judgment of the court below and joined arguments in the trial court. Each offense against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, which the judgment of the court below rendered against the defendant, and thus, one sentence shall be sentenced pursuant to Article 38 of the Criminal Act. Thus, the judgment of the court below
Therefore, pursuant to Article 364(2) and (6) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio, and it is again decided as follows.
[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 331(1) and 330 ( point of each special larceny), Articles 342, 331(1), and 330 ( point of each special larceny) of the Criminal Act concerning criminal facts, and Article 329 ( point of each larceny and Selection of Imprisonment with Labor) of the Criminal Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act to return victims (Scope of recommending punishment);
(a) A person who is in a special aggravation area (one year to six years) of special aggravation (one year and six years) with respect to each special larceny in general property: A person who intrudes into a structure, such as night-time destruction and damage, etc., or is in a special mitigation of identical repeated crimes: A certain amount of punishment not to be imposed;
(b) One category (the thief, etc.) of larceny in respect of each general property: No person who is a special person in the basic sphere (from April to August) of larceny;
C. Handling multiple crimes: one year to six years.