절도미수등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,700,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable as the sentence (1,700,000 won) imposed by the defendant is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to one year to imprisonment with prison labor on May 28, 2015 due to night residence intrusion larceny at the Busan District Court, and the judgment became final and conclusive on November 20, 2015. The crime in the judgment of the court below is in a concurrent relationship with night residence larceny, etc. at which the judgment became final and conclusive under Article 37 of the Criminal Act, and is determined in consideration of equity in cases where the judgment is concurrently rendered under Article 39(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained in this respect.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are the first head of the judgment below's criminal facts. The judgment of November 20, 2015 became final and conclusive on May 28, 2015 when the defendant was sentenced to one year of imprisonment with prison labor for night residence intrusion larceny, theft, etc. in the Busan District Court.
“1. A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, in addition to adding “1. Before the judgment,” “a reply to inquiry, such as the experience of each crime, and a report on the result of confirmation (A) before the previous conviction in the disposition,” as it is, in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions regarding criminal facts, Articles 342 and 329 of the Criminal Act regarding the choice of punishment (the attempted larceny) and Article 46(2)2 and the main text of Article 8 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015); Article 154 Subparag. 2 and Article 154 of the Road Traffic Act.