특정범죄가중처벌등에관한법률위반(절도)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for three years;
3.No. 1. dives No. 1. of the date of seizure.
1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, the public prosecutor applied for amendments to the indictment with the content that the name of the offense in the instant case is “Habitual larceny” from “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and the applicable provisions of the Act to “Article 5-4(6) and Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,” respectively, prior to the judgment on the Defendant’s assertion of unfair sentencing, the judgment below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is so decided as follows.
【Grounds for Appeal】 The facts constituting the crime and the summary of the evidence recognized by the court, as stated in the corresponding column of the judgment of the court below, are the same as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 332, 329 and 342 of the Criminal Act concerning the selection of criminal facts (generally and severally, choice of imprisonment);
2. Article 35 of the Criminal Act among repeated crimes;
3. Article 48 (1) 1 of the Criminal Act to be confiscated;
4. The crime of this case on the grounds of sentencing as referred to in Articles 32(1)3 and 25(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation is committed by the Defendant on 83 occasions, since the Defendant committed an attempted theft or theft of cash, precious metal, etc. of at least KRW 360 million in total, and property of at least KRW 360,000,000,000, on 83 occasions, the method and nature of the crime is inferior, the frequency of the crime is
The defendant shall be sentenced to imprisonment, or suspended, for a larceny crime.