주거침입등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.
2. Before determining the grounds for appeal, the lower court, ex officio, applied Article 3 of the Act on Special Cases Concerning the Punishment of Specific Cggravated Crimes (hereinafter “specific violent crime”) with respect to the quasi-special robbery as indicated in the judgment, aggravated repeated crimes by up to twice the maximum and short term of the punishment.
Article 3 of the Special Act on the Punishment of Specific Crimes provides that "where a person is sentenced to a specific violent crime and has again committed a specific violent crime within three years after the completion or exemption of the execution thereof, punishment shall be aggravated by up to twice the long-term or short-term punishment for such crime." Thus, in order to aggravate repeated crimes pursuant to Article 3 of the Specific violent Crimes Act, not only the crime currently subject to punishment but also the repeated crime should be subject to specific violent crimes. Meanwhile, Article 2 (1) of the Specific violent Crimes Act lists "specific violent crimes" subject to specific violent crimes under Article 33 (Robbery), Article 34 (Special Robbery), Article 335 (Robbery), Article 36 (Robbery), Article 37 (Robbery), Article 38 (Robbery), Article 34 (Robbery), Article 30 (Robbery), Article 34 (Robbery), Article 38 (Robbery) and Article 4 (Robbery) of the Criminal Act, Article 30 (Robbery) and Article 4 (Robbery) of the Criminal Act are excluded.
According to the records, the Defendant was sentenced to two years of imprisonment for a crime of habitually thefting another’s property on 13 occasions from June 11, 2013 to early April 2013, 2013, and on April 18, 2015 at the Jeonju District Court’s Eup branch, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). However, the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) for a repeated offense.