특정범죄가중처벌등에관한법률위반(절도)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for three years;
1. Summary of grounds for appeal;
A. Although there is a fact that the defendant invadeds upon the victim I's residence No. 1 No. 1 of the crime sight table in the original judgment, there is no fact that the defendant committed the crime as stated in the remaining criminal facts in the original judgment.
B. Even if the facts charged in the instant case are found guilty, the lower court’s imprisonment (four years of imprisonment) is too unreasonable.
2. We examine ex officio the judgment on the grounds for appeal ex officio.
A prosecutor shall change the name of the crime into "Habitual thief", and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes from among the applicable provisions of the Act to "Article 332 of the Criminal Act", and delete "Attempted attempts to turn on the victim after a year of windows" and "Attempted attempts" in the column of crime No. 1 of the crime list of the original instance. In addition to the charges stated in No. 19 through No. 28 of the list of crimes in the indictment, the prosecutor applied for amendments to the indictment containing addition of the charges stated in the No. 19 through No. 28 of the list of crimes in the indictment, and since the above court changed to the subject of
3. Despite the above determination of the defendant's assertion of misunderstanding of facts and amendments to the indictment, the defendant's assertion of misunderstanding of facts still belongs to the subject of the judgment of the court of this case, and since the added charges (attached Form No. 19-28) belong to the subject of the judgment of the court of this Court, it is examined in this regard.
A. On March 28, 2014, at around 10:30 on March 28, 2014, the Defendant: (a) intruded into the Victim E’s house located in Daegu Northern-gu, Daegu Northern-gu, and was kept in the inner bank and the small room; (b) the victim’s market price owned by the Defendant was equivalent to KRW 2.50,000,000,000,000,000 won; (c) 1,000,000,000 won; (d)