특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1.1 red panty (No. 15), seized.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
A prosecutor applied for amendments to a bill of amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes with regard to the name of the crime as "Habitual larceny" in "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" as "Article 332 and Article 329 of the Criminal Act", and the same court has permitted the amendment.
Therefore, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the facts constituting an offense (or, collectively, the choice of imprisonment);
1. Article 35 of the Criminal Act among repeated crimes;
1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury (in this regard, the Defendant stated in the grounds of appeal that the instant crime was committed against the Defendant as a mental and physical disability, but the lower court accepted the Defendant’s above assertion, and thus, did not separately determine the said assertion).
1. The reason for sentencing of Article 333(1) of the Victim Return Procedure Act is that the defendant caused the crime of this case due to mental disorder, such as sexual humiliation, but the defendant has already received warnings several times due to a punishment that has been aggravated by blocking the same kind of crime and increasing the number of times.