특정범죄가중처벌등에관한법률위반(절도)
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
Defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding three hundred thousand won.
1. The decision of the court below on the summary of the grounds for appeal (7 years of imprisonment, 300,000 won of fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the indictment of larceny to "Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 32, 329, 331(2), and 342 of the Criminal Act" respectively, and the court approved the changes in the name of the criminal defendant as "Habitual Larceny" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Article 332, 329, 331(2), and 342 of the Criminal Act."
In addition, the above crime against the defendant and the rest of the crime in the judgment of the court below should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Code, and the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the part of the court below's judgment excluding compensation order under Article 364 (2) of the Criminal Procedure Act is reversed, and it is decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in 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 332, 329, 331(2), and 342 of the Criminal Act for criminal facts (including habitual theft and comprehensive theft), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of a licenseless driving of a motor vehicle), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of a licenseless driving of a motor vehicle), Articles 81 Subparag. 1 and 10(2) of the Motor Vehicle Management Act, Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Criminal Act.