특정범죄가중처벌등에관한법률위반(절도)등
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. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years and six months of imprisonment) is too unreasonable.
2. In the judgment of the court below, the prosecutor ex officio changed the "one bicycle bicycle totaling of 5,440,000 won per total market price over 11 times" in the second 10th of the criminal facts of the judgment of the court below to "one bicycle totaling of 5,780,000 won per total market price over 12 times," and applied for changes in the bill of amendment to the bill of amendment with the content of adding No. 12 No. 12, such as the list of crimes in the annexed list of crimes in the judgment of the court below. This court permitted this.
Therefore, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without omitting the determination of the defendant's improper assertion of sentencing, and it is again decided as follows.
[Grounds] The summary of facts constituting an offense and evidence recognized by the court below as the summary of the facts constituting an offense and the summary of evidence is as follows. The part of the court below's judgment regarding Article 369 of the Criminal Procedure Act shall be used as follows. The summary of evidence shall be replaced by the daily list of crimes as follows. The summary of the court below's judgment is identical to the corresponding column of the court below's judgment, except for adding "1. Defendant's own court statement on Q and R, each police statement on Q and R," "1. S's statement, photographs," and "investigation report (R's statement, etc. of reference witness)" to the column for "a summary of evidence."
“1. From August 26, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft, following the following: (a) around 19:35 on August 26, 2016, the victim C, who was established without being corrected in front of three times the entrance in Seongdong-gu Seoul, Seongdong-gu, Seoul, with the victim’s share of “TTk” bicycle 1, which is equivalent to KRW 300,000,000 in the market value of the victim C, was stolen by a person who caused the damage to a locked place; and (b) from around that time to October 25, 2016.