특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Nos. 18 and 19 of seized evidence shall be the victim.
1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the indictment with respect to the name of the criminal defendant for the larceny crime from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Habitual Special Larceny", and the applicable provisions of this Act to "Articles 5-4(1) and 329 and 331(2) of the Criminal Act" to "Articles 32, 329 and 331(2) of the Criminal Act" respectively. This court changed the subject of the judgment by granting permission, and thus the judgment of the court below is no longer possible.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following decision is delivered without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above.
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 provisions for criminal facts, Articles 332, 329, 331(2), and 331(1) of the Criminal Act (only including habitual larcenys), Article 347(1) of the Criminal Act (hereinafter referred to as frauds), Articles 30 of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Articles 70(1)3 of the Specialized Credit Financial Business Act, Article 231 of the Criminal Act, Articles 234, 231 of the Criminal Act, Articles 231 of the Criminal Act, Articles 234, and 231 of the Criminal Act, and Article 347(1) of the Criminal Act, with the exception of habitual larceny
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. A victim;