특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
(A) The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of each of the instant crimes through a written summary of the defense counsel’s argument after remanding.
“The ground for appeal is not sufficient to serve as a legitimate ground for appeal as a subsequent argument that was filed after the lapse of the period for filing an appeal. Moreover, even upon examining the record, the Defendant did not appear to have reached a state where the Defendant had the ability to discern things or make decisions due to drinking at the time of each of the crimes in this case, and thus, the above argument is rejected).
2. Before the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the case name of this case is "Habitual larceny" in "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)", and the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes apply to "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes," and "Article 332 and Article 329 of the Criminal Act," respectively, applied to the permission to amend the bill of amendment to "Article 332 and Article 329 of the Criminal Act," and since this court's permission was changed to the subject of the judgment, the judgment of the court below cannot avoid reversal.
3. 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 the following is again decided after pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the reasoning of the judgment below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);
1. The crime of this case on the ground of sentencing Article 35 of the Criminal Act for aggravated repeated crimes is five persons for a period exceeding one year.