특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The gist of the grounds for appeal asserts that the sentencing of the court below (two years of imprisonment) is too unreasonable, and the prosecutor asserts that the sentencing of the court below is too uneasible and unfair.
2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor following the amendment of the indictment, the prosecutor applied for the amendment of the indictment to add to the existing facts charged by the prosecutor " around November 14, 2012, at the trial of the court below, the defendant opened a door-to-faceless driver's seat and opened the door-to-faced vehicle in the vicinity of the Northwest-gu, Incheon Metropolitan City, and the victim's market value, which is the victim's own market value, whose name cannot be known, with an amount equivalent to KRW 300,000,000." Since this court permitted the amendment, the judgment below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Punishment of the crime
[Criminal Justice] On February 12, 2010, the Defendant received a summary order of KRW 1 million as a fine for larceny from the Incheon District Court on June 15, 2012 and a summary order of KRW 1 million as a fine for attempted larceny on June 15, 2012, respectively. On July 31, 2012, the Incheon District Court sentenced 1 year and 6 months of imprisonment and 3 years of suspended execution to the effect that the judgment became final and conclusive on August 8, 2012, and is currently under suspended execution.
【Criminal Facts】
Defendant,
1. On November 1, 2012, at around 02:35, opening a gate not locked at the Nam-gu Incheon Metropolitan City C Computer Repair Store, and having a 100,000 won of the market price consisting of 390,000 won in cash owned by the victim and one transportation card, etc. from the main money in the case of the victim D;
2. At around 11:00 on November 14, 2012, the exit from the Northwest-gu, Incheon Metropolitan City.