상습절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, a public prosecutor, ex officio, stolen money and valuables equivalent to KRW 4070,000,000 from victims eight times habitually from January 5, 2016, including the Defendant, to January 17:35, 2016.
“The Defendant, from that time until January 5, 2016, stolen money and valuables equivalent to KRW 4870,000,000 from the victims nine times habitually, as indicated in the list of crimes in the attached Table, from that time.
The judgment of the court below made an application for changes in the list of crimes, and applied for changes in the bill of indictment to the effect that the list of crimes is replaced by the list of crimes in the annexed sheet, and since this court permitted this, the judgment of the court below can no longer be maintained.
3. If so, 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 below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] The summary of the facts constituting an offense and the evidence admitted by this court and the summary of the evidence were stolen from victims more than 4070,000 won in total from the victims eight times habitually from January 5, 2016, including the Defendant, until January 17:35, 2016.
“The Defendant, from that time until January 5, 2016, stolen money and valuables equivalent to KRW 4870,000,000 from the victims nine times habitually, as indicated in the list of crimes in the attached Table, from that time.
The judgment of the court below is changed to "the list of crimes", the list of crimes in the annexed sheet of crimes is changed to "the list of crimes", and the summary of the evidence is "1. The defendant."