특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental disability due to the lack of care and shock disorder at the time of the instant crime.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Unlike the provisions of Article 5-4 (5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016), where a person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or attempts to commit such crime, again commits such crime, and thereby punished as a repeated offense, paragraphs (1) through (4) of this Article shall also be punished, and Article 5-4 (5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes provides that “If a person who has been sentenced not less than three times to imprisonment for the crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act or an attempt thereof commits such crime again, he/she shall be punished by imprisonment with prison labor for not more than two years as follows:
On the other hand, Article 8 of the Criminal Code provides that "the general provisions of this Act shall apply to the crimes provided by other Acts and subordinate statutes, except as provided otherwise by such Acts and subordinate statutes."
As such, Article 5-4(5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes is subdivided in accordance with the following classification, and unlike the former Act, the former Act provides that “Aggravated Punishment” shall be imposed. In addition, if Article 35(2) of the Criminal Act, which is a provision of the general provisions of the Criminal Act, applies again to the punishment for repeated crime under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the statutory penalty may be repeatedly aggravated for the