특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The seized pans digital camera.
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. On February 26, 2015, the Constitutional Court rendered a decision that Article 329 of the Criminal Act and Article 5-4 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016; hereinafter “former Act on the Aggravated Punishment of Specific Crimes”) shall be unconstitutional (Supreme Court Decision 2014Hun-Ga16, Feb. 26, 2015). Accordingly, the part concerning Article 329 of the Criminal Act and the attempts thereof in Article 5-4 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes retroactively lost its effect pursuant to the proviso to Article 47 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, since the facts charged in this case, which applied the above provision of the Act, are not prosecuted, the lower court’s judgment that applied the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, was no longer effective.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Of the facts charged against the Defendant who was prosecuted for violating Articles 332, 329, and 342 of the Criminal Act relating to the relevant criminal facts, the crime of larceny of this case is also included in the facts charged of habitual larceny of violation of Articles 332, 329, and 342 of the Criminal Act.
In this case, the court shall habitually larceny without any procedure of Amendments to Bill of Indictment.