특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
No. 9 of seized evidence (bea portable phone).
1. The defendant asserts that the reasons for appeal are too unjustifiable because the punishment imposed by the court below (one and half years of imprisonment, and the return of the victim No. 9 seized evidence) is too unreasonable, and the prosecutor asserts that it is too unfasible and unfair.
2. Prior to the judgment on the grounds for an ex officio appeal, the Prosecutor filed an application for amendment to the Bill of Amendment ex officio before the judgment on the grounds for the ex officio appeal, and the Prosecutor filed an application for amendment to the Bill of Amendment with “Seoul High Court Decision 2016 High Court Decision 2801, Aug. 7, 2016” in the first sentence of Article 2 of the facts charged in the instant case, “Seoul High Court Decision 05:23:58, Aug. 14, 2016.” Since this Court permitted this, the judgment of the lower court cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and the following is again decided after pleading, on the ground that there is a ground for reversal ex officio as seen above.
Criminal facts
The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: “On August 7, 2016, approximately 05:23,” in the first sentence of Article 2 of the Criminal Procedure Act of 2016, the summary of the evidence is as follows: “On August 14, 2016, around 05:58”; “On August 23:58, 2016,” the summary of the evidence is as stated in each corresponding column of the lower judgment, except for adding “1. Defendant’s trial statement” and “the result of inquiry into the details of deposit and withdrawal transactions” as stated in the summary of the evidence. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 329 (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, Article 70(1)3 (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 360 (1) of the Criminal Act concerning the crime, as to the theft of repeated crimes after imprisonment with labor or more than three times), Article 347(1) of the Criminal Act, Article 70(1)3 (a) of the Act on Specialized Credit Financial Business, and Article 360 (1) (a) of the Criminal Act
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, and the proviso of Article 42 of the Act on the Aggravation of Concurrent Crimes