특정범죄가중처벌등에관한법률위반(절도)등
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 summary of the grounds for appeal (defendants) is unreasonable in light of the following circumstances: (a) the amount of fraud of each fraud of this case is written; and (b) the offender committed a crime under the mental and physical weakness due to the mental retardation at the time of committing the crime; (c) the sentence (one year and six months) imposed by the lower court is excessively unreasonable.
2. In the part of the first head [criminal records] of the facts charged at the trial date of this court, the prosecutor held that “other than the defendant, the defendant was sentenced to two years of imprisonment by the Seoul Central District Court on June 11, 2013 due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and was sentenced seven times of imprisonment for habitual larceny and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief).”
A request for amendments to Bill of Indictment was made to delete the part "."
The judgment of the court is no longer able to maintain as long as the subject of the judgment is changed by permitting the modification of the bill of amendment.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is decided as follows through a change of opinion.
Criminal facts
The criminal facts recognized by this Court, except for the following parts, are the same as the corresponding column of the judgment of the court below, and such facts are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
“On June 11, 2013, the Seoul Central District Court sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thth th th th th th th th th th th th th th st st st st st st st st st st st st st st st st st st st st st st st st 2015)” deleted the part “as sentenced on August 28, 2015 by a sentence of imprisonment for habitual larceny, etc. at the Seoul Central District Court on August 28, 2015.”