상습야간주거침입절도
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. Summary of grounds for appeal;
A. Of the lower judgment by misapprehending the legal doctrine, the part concerning the larceny at night, among the judgment of the lower court, was convicted of the Defendant by applying Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became retroactively null and void by the Constitutional Court’s decision of unconstitutionality,
B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant
In the appellate trial, the Prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to “Habitual Residence Intrusion Theft” under the Criminal Act, and Article 5-4(1) of the applicable Act applicable thereto to “Article 332 of the Criminal Act,” respectively, and the subject of the adjudication was changed by this court’s permission.
This part of the facts charged and the remainder of the facts charged that the court below found guilty should be sentenced to a single sentence in the relation of a single comprehensive crime, so the judgment of the court below is no longer able to be maintained.
3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 332, 330, 329, and 342 of the Criminal Act concerning the crime at night [including the crime 1, 4) and simple larceny (including the crime 2, 3, 5, and 7 in the judgment below] of the court below, the statutory penalty among them is more severe.