특수절도등
The part of the judgment of the court below against the defendant is reversed.
The first instance court's special larceny.
1. Each sentence of the lower court (one year of imprisonment with prison labor for the first instance court, and six months of imprisonment with prison labor for the second instance court) against the accused as to the summary of the grounds for appeal is unreasonable.
2. On December 8, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Military Service Act at the Suwon District Court on December 8, 2017, and the said judgment became final and conclusive on December 16, 2017.
The crime of the judgment of the court of first instance and the above crime against the defendant for which the judgment of the court of first instance becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be sentenced in consideration of equity in the case of concurrent crimes under the former part of Article 3
However, since the first instance court omitted the crime for which the above judgment became final and the crime of the first instance court had been concurrent crimes under the latter part of Article 37 of the Criminal Act, the part of the judgment of the first instance court cannot be maintained as it is.
3. Although the Defendant appears to have an attitude of reflecting his wrong determination on the Defendant’s assertion of unfair sentencing as to the judgment of the second instance court, considering the fact that the Defendant, even though he had been subject to punishment by leaving office as a social work personnel, has left office again during the period of suspension of execution, the Defendant repeats absence without permission for a considerable period of time without justifiable grounds, and the importance of performing the duty of military service granted to the citizens of the Republic of Korea is inevitable, and considering all the sentencing conditions of the instant argument, including the Defendant’s age, character, character and environment, the second instance court’s punishment is too unreasonable.
4. The defendant's appeal against the second judgment of the court below is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. The part against the defendant among the judgment of the court of first instance on the ground of the above ex officio reversal, and thus, it is subject to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion