특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. The Defendant’s name of the misunderstanding of facts is X rather than A, and did not commit each of the crimes stated in the facts charged in the lower judgment.
B. The sentence of the lower court’s improper sentencing is too unreasonable.
2. Before the judgment on the ground of ex officio decision on the ground of appeal, the prosecutor examined the facts charged in the facts charged in the trial at the court below, and the prosecutor took 7,000 won in cash owned by the victim in the West-gu Seoul Central District with the following: “The defendant was at the “AB” retail store operated by the victim AA in the Seoul Central District on December 28, 2014, and damaged the entrance locks by using a crepand tool outside the surrounding area, and then entered and stolen the entrance locks.
As such, the Defendant habitually stolen the property owned by the victim.
“Along with the content added,” the name of the crime was “Habitual Special Larceny” in “Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and the applicable legal provision was amended to “Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and “Article 331(1) of the Criminal Act,” respectively, to “Articles 332 and 331(1) of the Criminal Act,” and the judgment of the court below cannot be reversed as the case was added to the subject of adjudication by permitting it.
However, the defendant's assertion of mistake of facts and additional facts charged despite the above reasons for reversal are subject to the judgment of this court.
3. The Defendant asserted the mistake of facts as to the Defendant’s assertion of mistake of facts and the additionally charged facts, on the grounds of appeal, and the Defendant did not commit any crime added to the facts charged at the trial of the Party.
The argument is asserted.
However, according to the evidence duly adopted and examined by the court below and the court below, the defendant can be recognized as having committed each of the crimes stated in the facts constituting a crime as stated in the judgment below and the crimes added to the facts charged at the court below.