절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
No evidence shall be recorded in one seizure list with knowledge of seizure.
The gist of the defendant's appeal is that the punishment sentenced by the court below (two years of imprisonment) is too unreasonable, but it is considered ex officio before determining the grounds for appeal.
Unlike Article 5-4 (5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016), Article 5-4 (5) of the same Act provides that "where a person who has been sentenced more than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, and 340 and 362 of the Criminal Act, or for the attempts thereof, again commits such crime, and is punished as a repeated offense, the punishment provided for in paragraphs (1) through (4) shall also be imposed." Article 5-4 (5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes provides that "where a person who has been sentenced more than three years to imprisonment for the crime under Articles 329 through 331, 333 through 336, and 362 of the Criminal Act, or the attempts thereof, commits such crime again, he/she shall be punished as a repeated offense," under subparagraph 1 of Article 329 through
On the other hand, Article 8 of the Criminal Code provides that "the general provisions of this Act shall apply to the crimes provided by other Acts and subordinate statutes, except as provided otherwise by such Acts and subordinate statutes."
As can be seen, Article 5-4(5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes provides that “Aggravated Punishment,” unlike the former Act, is subdivided according to the following classification of the punishment to be imposed under Article 5-4(5) of the same Act. Considering that Article 35(2) of the Criminal Act, which is a provision of the general provisions of the Criminal Act, applies again to the punishment for repeated crime under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, it causes repeated aggravation of statutory punishment for the same reason, Article 5-