특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The seized diversand one (No. 12).
1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. An ex officio prosecutor filed an application for changes in the indictment with the content of adding some criminal facts in the annexed list of crimes in the judgment of the court below among the facts charged in this case, and since this court permitted this, the judgment of the court below cannot be maintained any longer since it was changed to the subject of the judgment.
(A) The Defendant did not state the grounds for appeal, but argued that the Defendant committed the instant crime in a state of mental or physical disability in the courtroom. However, according to the notice of the result of the mental appraisal by the Director of Public Medical Treatment and Custody Office, the Defendant is somewhat low and there is no unique mental and mental disorder, such as mental disorder, etc. Therefore, the Defendant’s mental or physical disability cannot be accepted). 3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s judgment on the grounds for ex officio reversal, and the judgment below is reversed pursuant to Article 364(2)
Criminal facts
The summary of the facts charged and evidence admitted by the court below is that "Habitual theft of property equivalent to 1,248,00 won in total over 11 times throughout the market price" in the last part of paragraph (1) of the crime of the judgment below is deemed as follows. "Habitually from August 3, 2013 to September 23, 2013, the total market price of 1,548,000 won over 12 times during the total sum of 12 times as shown in the list of crimes in the annexed crime" and the summary of the evidence of the judgment below is replaced by the list of crimes in the annexed Form 1 of the judgment below. The summary of the judgment below added "on-site photographs, written statements, investigation reports (a description of the suspect increase), and suspect interrogation protocol" to the summary of the evidence.