상습절도
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 decision of the court below on the gist of the grounds for appeal is too unreasonable because the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to the indictment by changing the facts charged in the instant case to the following facts charged at the time of the trial. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below cannot be maintained any longer.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the ground that there is a ground for reversal ex officio as above, and the judgment below is reversed, and the changed facts charged without examining the grounds for appeal by the defendant are judged as follows.
[Judgment] On March 26, 2015, the Defendant was sentenced to a fine of KRW 3 million for larceny, etc. from the Youngju District Court’s Young-dong branch on March 26, 2015; on March 18, 2015, the Defendant was sentenced to a fine of KRW 1 million for larceny; on January 7, 2016, the Daegu District Court was sentenced to imprisonment for habitual larceny, etc. and completed the execution of the sentence on October 30, 2016.
On January 23, 2017, the Defendant used a computer by pretending to be customers in the “D” room located in Daegu Dong-gu, Daegu as of January 23, 2017, and by making use of a computer, 450,000 won in cash, which was entered in a simplified credit cooperative in a place where the victim E is sept to clean.
L. A. L. theft was committed.
From that time to February 15, 2017, the Defendant had attempted to steal or steal money and valuables equivalent to KRW 4,875,000 in total of the market price through the same method 19 times in total, such as the list of crimes, from that time to February 15, 2017.
Summary of Evidence
1. Statement by the defendant in this court;
1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;
1. Statement of each police statement with respect to F, G, H, and I;
1. Each statement, each.