야간주거침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Daegu District Prosecutors' Office No. 1566, 2015.
1. The two-year imprisonment sentenced by the court below to the summary of the reasons for appeal is deemed to be too uneasible and unfair.
2. Prior to determining the grounds for appeal by the prosecutor ex officio, we examine ex officio the violation of the Punishment of Violences, etc. Act (a threat to existence of a group, deadly weapon, etc.) among the facts charged in the instant case.
The Constitutional Court, on September 24, 2015, ruled that Article 260 (1), 2015 Hun-Ba, 3, 2015 Hun-Ga, 14 Hun-Ga, 2015 Hun-Ga, 18, 2015 Hun-Ga, 2018, 209 Hun-Ga, etc. (Joint) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006) of the Criminal Act (amended by Act No. 12896, Dec. 30, 2014) provides that “Any person who committed an act of violence and other dangerous articles by carrying a lethal weapon or other dangerous articles shall not be subject to unconstitutional punishment pursuant to Article 260 (1) (b) of the Criminal Act) and Article 3 (1) of the same Act (amended by Act No. 12866, Apr. 1, 2016).
I would like to say.
The punishment of violence, etc. shall be imposed.