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1. The judgment below is reversed.
2. As to the crime No. 1 in the judgment of the defendant, the crime No. 2, 3, 4, 5, 6, 7, 5.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records of this case show that the defendant was sentenced to one year of suspension of the execution of his/her imprisonment for the purpose of larceny at the Gwangju District Court on May 1, 2014, and the above judgment became final and conclusive on May 9, 2014. Since the crime of larceny at issue and larceny of Article 2014Dadan309 in the judgment of the court below, among the crimes of larceny at issue in the judgment of the court below, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment should be determined after examining whether to reduce or exempt the punishment in consideration of equity between the case where the judgment is to be rendered at the same time under Article 39(1) of the Criminal Act. Since the records of this case do not constitute concurrent crimes under the latter part of Article 37 of the Criminal Act among the crimes of larceny at issue and the judgment of the court below which became final and conclusive, each of the remaining larceny except for larceny as stated in paragraph (1) of the same Article 1) of the Criminal Act cannot be sentenced to two defendants.
3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The defendant committed the following crimes in a state that mental retardation lacks the ability to discern things or make decisions:
[2014 Highest 309] The Defendant was sentenced to a suspended sentence of four months of imprisonment for larceny at the Gwangju District Court on May 1, 2014 and the judgment became final and conclusive on May 9, 2014.
1. The Defendant: (a) around 13:00 on Apr. 2, 2014, run by C in front of the women’s hall located in the ancient Chang-gun, Chang Chang-gun, Chang-gu, Chang-gu.