특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence 2 through 8 shall be confiscated, respectively.
1. The following facts are acknowledged according to the progress records of the case.
On January 9, 2014, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu High Court, and the judgment became final and conclusive (hereinafter “existing final and conclusive judgment”) (hereinafter “existing final and conclusive judgment”), and completed the execution of the sentence on August 21, 2016.
Since then, upon the Defendant’s request for reexamination, the procedure for reexamination of the previous final judgment was conducted, and the Defendant was sentenced to three years of imprisonment for habitual larceny in the procedure for reexamination on May 2, 2017, and the said new judgment became final and conclusive on May 11, 2017 (hereinafter “new judgment”). 2. A summary of the grounds for appeal (three years of imprisonment and confiscation) of the lower judgment is too unreasonable.
3. Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by the court below, the prosecutor changed the name of the crime of this case to "thief and attempted larceny" in "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)", and the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Articles 329, 342, 37, 38, and 39 of the Criminal Act" in "Article 329, 342, 37, 38, and 39 of the Criminal Act" in "Article 329, 342, 38, and 39 of the Criminal Act" and the judgment of the court below changed the name of the crime of this case to "thief and attempted larceny" in this regard.
4. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
[Grounds for a new judgment] The Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on June 17, 201 and completed the execution of the sentence on May 5, 2013.