특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
A seized one piece (No. 1) shall be confiscated.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment and one year of confiscation) is too unreasonable.
2. We examine ex officio prior to the grounds for ex officio appeal. The prosecutor changed "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" from among the names of the crimes charged in the instant case to "thief," and the prosecutor stated in the applicable law that "Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes" in the application of the Act that "Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes)" is deleted from the application for permission to amend the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes). This is correct because it is obvious that the removal is
B. A request for amendments to a bill of amendment to the Act on the Aggravated Punishment, etc. of Specific Crimes was made to the effect that “the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)” in the crime was changed to “thief,” and that this court was changed to the subject of adjudication by granting permission
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Grounds for the judgment below] The criminal facts and summary of evidence against the defendant recognized by this court are as follows: (a) not only changing "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) to "thief," but also the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Act applicable to the crime and Article 329 of the choice of punishment (abstinence, choice of imprisonment), Article 360(1) of the Criminal Act (abstinence of possession, and choice of imprisonment), and Article 260 of the Criminal Act.