상습야간주거침입절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Seized evidence of heading 5 through 11, 14, 22, and .
1. Summary of grounds for appeal;
A. The prosecutor’s sentence of the lower court (six years of imprisonment) is too unhued and unreasonable.
B. The lower court’s sentence is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In the first instance trial, the prosecutor: (a) “The Defendant habitually intruded the Defendant’s 402 unit of the Victim D’s cash, 2.4 million won, and 4 million won and half of the market price during the storage of precious metal at the 4.02 unit of the building through windows that did not correct the widthing up of the gas pipes of the building; and (b) subsequently cut off the object of the charge from 32 times in total to 19:15 on April 3, 2015; and (c) the Defendant attempted to change the list of the victims’ share of property to 109,874,000 won in total, as stated in the list of crimes (1); and (d) the Defendant did not intend to change the list of the victims’ share of property to 109,874,000 won in total and to 19:30 on February 19, 2015.”
[Additional Facts in Facts] A theft of KRW 109,874,000 total amount of KRW 32 times per total amount of 7,800,000 CV building 304 in Yansan-gu Seoul Special Metropolitan City around March 2, 2015, the total amount of KRW 32 times per annum of 309,874,000 per annum
3. Accordingly, the judgment of the court below is without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.