특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years and six months of imprisonment.
Ex officio determination - Examination of the reasons for appeal for changes in indictment ex officio.
A prosecutor filed an application for amendment to a bill of amendment with the content that “one copy of the pre-paid disaster support card, which was filled with KRW 374,000,” in Article 1 of the facts charged, changed “one copy of the pre-paid disaster support card, which was filled with the pre-paid card,” “one copy of the pre-paid disaster support card, which was the pre-paid card,” and the judgment of the court below was changed by granting permission.
However, the defendant's assertion of misunderstanding of the legal principles is still subject to the judgment of the court, and it will be reviewed by changing the claim.
Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes stipulates a aggravated statutory penalty on the ground that it is a repeated crime, so it cannot be aggravated for repeated crime under Article 35 of the Criminal Act.
Nevertheless, applying Article 35 of the Criminal Act, the court below's aggravated aggravation of repeated crimes constitutes a second punishment and violates the Constitution and laws.
Judgment
Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was amended and enforced by Act No. 13717, Jan. 6, 2016, where a person was habitually sentenced to imprisonment twice or more for a crime under Articles 329 through 331 of the Criminal Act, its attempted crime, or a crime under paragraph (2) and habitually commits any of the crimes under Articles 329 through 331 of the Criminal Act, or the attempts thereof, or paragraph (2) within three years after the execution of the sentence is completed or exempted, he/she shall be punished by imprisonment for not less than three years but not more than 25 years.
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The legislative purpose of this is to strengthen the statutory punishment for habitual larceny who repeatedly commits a crime, and the system of inquiry is a form that provides certain composition requirements, and the application requirements and effects are also provided differently from Article 35 of the Criminal Code.
In light of the legislative intent, form, and differences between Article 35 and Article 35 of the Criminal Code, a new constituent requirement is separate from Article 35 of the Criminal Code.