특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Seized evidence 1 to 4 shall be confiscated, respectively.
1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
A prosecutor applied for amendments to a bill of amendment of the Criminal Act with the name of the crime as "Habitual and Night Larceny" in "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," and the applicable provisions of the Act to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 330 and 342 of the Criminal Act," respectively, and the same is changed by the court which permitted the amendment.
Therefore, the judgment of the court below is no longer maintained.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following decision is delivered without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 332, 330, and 342 of the Criminal Act that apply to criminal facts, the choice of punishment (including habitual night larcenys), Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license, and the choice of imprisonment);
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the extent that the punishment is added up the maximum of the long-term punishment of two crimes, which is determined for habitual, night, and larceny, heavier punishment);
1. The reason for the crime of larceny under Article 48(1)1 of the Criminal Act is that the defendant has a number of times to be subject to criminal punishment for larceny, and the period exceeds 8 months from the date of release despite the fact that he/she was being subject to criminal punishment for the crime of larceny, which is a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.