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We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for two years.
Victim No. 16 of the evidence seized 2017 shall be the victim.
Reasons
1. The sentence (No. 1: Imprisonment with prison labor for 1 year and 6 months, and 2: imprisonment with prison labor for 1 year and 1 year) declared by the court below on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of
3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 330 (the thief for intrusion upon residence at night), 342 and 330 (the thief for intrusion upon residence at night) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 (the thief for each theft), Article 360(1) of the Act on Specialized Financial Business (the thief for each theft), Article 360(1) of the Criminal Act (the Embezzlement) of the Criminal Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;
1. Scope of the recommended sentences according to the sentencing criteria;
A. Type 1 (a) (i.e., night residence intrusion larceny) (i., on December 13, 2016 and on January 20, 2017) (i.e., on the night residence larceny) (i., on the one hand) is carried with a deadly weapon (special aggravated person) or intrudes into a residence at night or at night (iv) such as a structure that intrudes upon a deadly weapon.