절도
The judgment of the court below is reversed.
The defendant shall be exempted from punishment.
1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (one million won in penalty) of the court below is too unreasonable.
2. Before determining the reasoning of the Defendant’s appeal ex officio, the record of this case reveals that the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on January 15, 2016, and the above judgment became final and conclusive on January 23, 2016. As such, the crime for which the above judgment became final and conclusive and the crime of this case committed before the said judgment became final and conclusive are concurrent crimes under Article 37 of the Criminal Act, and the crime of this case committed after the said judgment is deemed to be concurrent crimes under Article 39(1) of the Criminal Act, and should be sentenced to punishment in consideration of equity, so the lower judgment is no longer maintained.
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 about sentencing, and the judgment below is ruled as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows: “The defendant is a person who was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on January 15, 2016 and on January 23, 2016, which became final and conclusive on January 23, 2016” in the first head of the facts charged in the judgment of the court below, and except for addition of “1. The facts charged in the judgment of the court: the defendant’s own trial statement: the defendant’s own trial statement” in the column for the evidence of the judgment of the court below, it is identical to the corresponding column of the judgment of the court below.
Application of Statutes
1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;
1. The latter part of Article 37 of the Criminal Code provides, however, that the sentencing of Article 39(1) is against the Defendant’s mistake, and in this case, the sentence should be imposed in consideration of equity in the case where the judgment becomes final and conclusive simultaneously with the case of larceny, etc.