특정범죄가중처벌등에관한법률위반(절도)등
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. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. A prosecutor ex officio determination shall be deemed to have changed "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" from among the names of the defendants to "Habitual larceny" and to have applied for deletion of "Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, 331 (1), and 342 of the Criminal Act" from among the applicable provisions of Acts to "Articles 332, 329, 330, 331 (1), and 342 of the Criminal Act" as "Article 332, 329, 331 (1), and 342 of the Criminal Act" at the end of the facts charged, taking into account the purport of applying for change of applicable provisions
The judgment of the court below on this part of the facts charged can no longer be maintained.
However, since the court below dealt with this part of the facts charged and the remainder of the facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment, all of the judgment below should be reversed
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as above, and the judgment below is ruled as follows.
【Reasons for the Decision to be written in Dao] The part of the judgment below 2, 13, and 14, 2, 2, 2, 2, 13, and 14, (a) deleted the “F” as indicated in the attached list of offenses Nos. 5, and “M” as indicated in the indictment, is the victim (Evidence No. 45).
In addition, the statement of the lower judgment is the same as the statement in each column of the lower judgment.