특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of two years and a fine of three hundred thousand won.
The above fine shall be imposed on the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment and fine of three hundred thousand won) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that where a person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331 of the Criminal Act, or the attempts thereof, once again commits such crime and is punished as a repeated crime, he/she shall be punished by imprisonment for not less than two years but not more than 20 years. The purport of the above provision is that, in a case where the crime power and the requirements for aggravation of repeated crimes are met, if habituality is not recognized, punishment shall be imposed in accordance with the prescribed statutory punishment. Thus, in the above statutory punishment, the punishment shall be
(See Supreme Court Decision 94Do1391 delivered on September 27, 1994). According to the reasoning of the lower judgment, the lower court acknowledged the Defendant’s previous offense, which constitutes a cause for aggravation of repeated crimes, but did not put a heavy emphasis on the Defendant in determining the applicable punishment against the Defendant. In so doing, the lower court erred by misapprehending the legal doctrine on the aggravated punishment of repeated crimes.
3. 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 the following is again decided after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. A licenseless driving under Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act.