beta
(영문) 서울북부지방법원 2015.05.21 2015노490

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment below

It is due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thie) and the driver's license.

Reasons

1. Progress of lawsuit and the scope of trial of this court;

A. 1) The lower court found the Defendant guilty of all the charges of this case, and sentenced to one imprisonment with prison labor on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (ththth) and the violation of the Road Traffic Act due to the driver’s license without a license for a motor vehicle and a motor bicycle, on the grounds that the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the driver’s license for a motor bicycle without a license, and sentenced the Defendant to two years of imprisonment with prison labor and a fine of 200,000 won, separate from

3) The Supreme Court, in the case of Constitutional Court Decision 2014HunGa16, Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “instant provision”) concerning Article 329 of the Criminal Act.

(1) Article 47(3) of the Constitutional Court Act provides that “The Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) which are charged by applying the provision of this case shall be treated as a whole in litigation as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on the Aggravated Punishment, etc. of Specific Crimes (the judgment below on the thief