절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Although the Defendant did not submit a written reason for appeal, the gist of the grounds for appeal was stated in the petition of appeal submitted on March 25, 2015, to the effect that he/she would change his/her position in the petition of appeal submitted simultaneously with the petition of appeal, and thus, the grounds for appeal in this case were to be determined by selecting the grounds for appeal in
The punishment (five million won) imposed by the court below on the defendant is too unreasonable.
2. Before determining the grounds for appeal by the defendant ex officio, the defendant was sentenced to ten months of imprisonment for fraud, etc. in this court on January 28, 2015, and the judgment becomes final and conclusive on February 5, 2015. Since each of the crimes in the judgment of the court below against the defendant set the concurrent crimes between the above crime of fraud, etc., for which the judgment of the court below became final and conclusive and the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt the punishment, taking into account equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act, and in this respect, the judgment of the court below cannot be maintained
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts constituting a crime and the evidence admitted by the court, and the summary of the evidence, among the judgment of the court below, were sentenced on January 28, 2015 to imprisonment with prison labor for not more than ten months and the judgment became final and conclusive on February 5, 2015.
“A previous conviction in the judgment of the court below” was added to “1. The summary of the evidence was as stated in each corresponding column of the court below, except for each addition of “1. The previous conviction in the judgment of the court below: the Incheon District Court 2014 High Order 5511, 606 (Joint) and each judgment of the Supreme Court 2014 No. 4317 and the results of the Konetnet search.”
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;