특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The summary of the grounds for appeal (three years of imprisonment) by the lower court is too unreasonable.
Judgment ex officio
A. In the trial of the party, the prosecutor changed the indictment to “Article 5-4(5) and Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” and “Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and the judgment of the court below is no longer maintained as the case is changed by this court's permission.
B. misunderstanding the legal principles on the number of crimes in the instant facts charged, the public prosecutor indicted each of the remaining crimes except for the crime of intrusion upon residence, by applying Articles 5-4(5) and 5-4(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016). This is not a penal provision on habitual offenders, and thus, each of the above crimes committed by the Defendant person is in the relation of mutual or substantial concurrent crimes with the crime of intrusion upon residence.
Nevertheless, the court below did not aggravated concurrent crimes. The court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 330 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, as to the crime (the crime of larceny by repeated crimes at night).