특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to two years of imprisonment, three years of suspended execution, and one year of probation, which are sentenced by the court below.
2. Before determining the grounds for appeal by the prosecutor ex officio, the prosecutor changed the name of the defendant to "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," and "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" from among applicable provisions of law to "Article 332 of the Criminal Act," respectively, and applied for amendments to the indictment containing addition of the facts charged as stated in paragraphs 4 to 12 of the following facts. Since this court permitted this, the judgment of the court below is no longer maintained.
3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.
Criminal facts
[Criminal Justice] On March 11, 2010, the Defendant was sentenced to a suspension of indictment for larceny at the Residential Branch of the Daegu District Prosecutors' Office; on April 2, 2012, the Defendant was sentenced to a summary order of KRW 300,000 to a fine of KRW 500,000 for larceny; on June 11, 2012, the same court issued a summary order of KRW 500,000 for the same offense; on December 21, 2012, the Defendant was sentenced to a penalty of KRW 1 million for the same offense; on September 5, 2013, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 6 months with prison labor from the Daegu District Court to larceny; on May 13, 2014, the Defendant appealed from the Daegu District Court to a fine of KRW 250,500 for larceny and was sentenced to a fine of KRW 2016No1616, Jun. 14, 2016.
【Criminal Facts】
1. The Defendant committed the crime of May 30, 2014 is a large-scale forest with no-dong at the time of stay at around 10:10 on May 30, 2014.