절도등
All the convictions of the first and second original judgments shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The first judgment of the court below 1) The defendant (misunderstanding of facts as to the part of the crime) was guilty against the defendant, although he did not intend to steal the property by destroying the crime prevention windows of 103 103 602 Ga and 602 Ga and invaded on the house, and did not do so, there was an error of misunderstanding of facts in the judgment of the court below. 2) In light of the criminal records of the defendant on the day of the prosecutor (misunderstanding of facts as to the part of acquittal), the defendant was guilty against the defendant, in light of the victim H and I's criminal records on the day of the defendant, the J apartment 103 Do 1903 Ga, Seongdong-gu, Seoul, which is the victim H and I's residence, damaged the victim's house, and intrudes the victim's house into the house, and it was evident that the victim H Y Gakk-gu Gab located in the
B. The sentence sentenced by the second instance judgment (the defendant and the second instance judgment of unfair sentencing) against the defendant (one hundred months of imprisonment) is too unreasonable.
2. Determination
A. The Seoul Eastern District Court 2013No584 delivered on the judgment of the court of first instance and the judgment of the second court 2013No152 delivered on the appeal of the Seoul East Eastern District Court 2013No584 delivered on the judgment of the court of second instance. Each of the crimes in the judgment of the court of first instance that the court of first instance found the defendant guilty and each offense in the judgment of the court of second instance should be punished as a single sentence within a limited term of punishment under Article 38(1) of the Criminal Act for concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the guilty part of the judgment of the first instance and the second judgment of the court of second judgment against the defendant cannot be exempted
However, despite such reasons for ex officio destruction, the prosecutor of the first instance judgment and the defendant's assertion of mistake of facts is still subject to the judgment of this court.
B. Determination of mistake of facts as to the judgment of the first instance court