상습특수절도등
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
evidence of seizure.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (three years of imprisonment, confiscation) is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the ex officio prosecutor, the court below omitted the judgment on the charges that "the defendant was charged with using a credit card listed in No. 1 and No. 17 of the annexed Table 1 of the annexed Table 27, but the facts of using the credit card mentioned in the above 17 was changed to the facts of using the credit card stated in No. 27 of the annexed Table 1 of the annexed Table 27 after the amendment of the indictment at the court below. The facts of using the credit card mentioned in the above 17 were changed to the facts of using the credit card mentioned in the same crime table. The defendant Q Q that stolen victim Q, as mentioned above, was using the stolen credit card by withdrawing the amount of KRW 2,00,000 by using the credit card, and violated Article 70 (1) 3 of the Specialized Credit Finance Business Act." In this regard, the court below rendered a sentence only for habitual special larceny, fraud by using the computer, the violation of the Automobile Management Act, and the Automobile Accident Compensation Act
(2) In light of the aforementioned legal principles, the lower court did not err by misapprehending the legal principles on the presumption of unfair sentencing, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence. In so doing, the lower court did not err by misapprehending the legal principles on the presumption of unfair evaluation, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as follows: 5. The defendant, who violated the Specialized Credit Finance Business Act, was using stolen credit cards by withdrawing KRW 2,00,000 by using a credit card as stated in the attached Table 1 No. 27, a year and 27, and the habituality of the judgment of the court below in the first sentence.