특정범죄가중처벌등에관한법률위반(절도)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
. seized cut machines;
1. The decision of the court below on the gist of the grounds for appeal (the term of imprisonment with prison labor for four years, confiscation) is unreasonable as it is excessively unreasonable compared to the extent of the defendant's responsibility.
2. Before the judgment on the grounds for an ex officio appeal, the Prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to “Habitual Larceny” among the name of the defendant in the trial of the party, and Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, “Article 332 and Article 329 of the Criminal Act” in the applicable law, “Article 332 and Article 329 of the Criminal Act,” and since the same is changed by the court’s permission, the part of the judgment of the court below against the defendant is no longer maintained.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the part of the judgment of the court below against the defendant is reversed, and the following is decided through a change of opinion.
【Grounds for the judgment to be used again against the defendant] The criminal facts and summary of evidence against the defendant recognized by the court of this court are as stated in each corresponding column of the judgment of the court below, except for deletion of the part "(i.e., imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) from the High Court of Jungyang Branch on March 31, 2011 in the crime of the judgment of the court below / The summary of the criminal facts and the evidence against the defendant recognized by the court of this court."
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 332, 329 of the Criminal Act regarding the selection of punishment (a comprehensive thief, selection of imprisonment), Article 319(1) (a) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 260 of the Criminal Act, Article 156 (a) of the Criminal Act, Article 156 (a) of the Criminal Act, the selection of punishment for a crime;
1. Aggravation of repeated crimes;