특정범죄가중처벌등에관한법률위반(절도)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for a year and six months and a fine of three hundred thousand won.
3. The defendant is above.
1. The summary of the reasons for appeal (three years of imprisonment and three hundred thousand won of fine) of the lower court is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
In the trial of the court, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the term "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the names of the crimes charged against the defendant as "Habitual larceny" and "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" from among the applicable provisions of the Act to "Article 332 of the Criminal Act". Since the court permitted it
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
【The reasoning of the judgment that was adopted by the court of first instance】 The criminal facts and summary of the evidence are identical to each corresponding column of the judgment of the court below on the ground that Article 369 of the Criminal Procedure Act is the same inasmuch as the facts constituting the crime and summary of the evidence acknowledged by the court of second instance are stated in the judgment of the court below, “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)” under Article 13-14 of the same Act and Article 13-14 of the same Act read as “the defendant was sentenced twice or more to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and again stolen another person’s property again within three years after the execution
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Habitual larceny: Articles 332 and 329 of the Criminal Act;
(b) A licenseless driving of a motorcycle: Subparagraph 2 of Article 154 of the Road Traffic Act.