특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The punishment of the lower court (one year of imprisonment) is too unreasonable.
B. In full view of the similarity and continuity of the method of the larceny crime of this case committed nine times from December 21, 2014 to December 31, 2014, the Defendant’s occupation and characteristics, and the method and object of the crime, etc., the lower court found the Defendant guilty on the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even though the Defendant was found guilty on the charge of larceny. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing is so unreasonable as to be too una
2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the prosecutor applied for changes in the indictment to "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the names of the crimes in the trial of the party, "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 329 of the Criminal Act" among the applicable provisions of the Act, "Articles 332 and 329 of the Criminal Act". Since this court permitted this and changed the subject of the judgment, the judgment of the court below is no longer maintained.
However, even if there are such reasons for ex officio destruction, the argument of mistake of facts or misapprehension of the legal principles of the prosecutor's acquittal of the above charged facts is still subject to the judgment of this court.
3. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle
A. As alleged by the prosecutor, habitual larceny refers to the nature of the perpetrator as a habit of repeatedly larceny, and in determining whether or not there is such habition, it is important data to determine whether or not there is such habition crime, but all the circumstances, such as the frequency, means, method, and motive of the crime, even if there is no criminal record of larceny.