특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable because the sentence imposed on the Defendant is too unreasonable (the Defendant withdrawn his/her assertion of misunderstanding of legal principles). 2. We examine ex officio prior to determining the grounds for appeal by the Defendant ex officio.
On the other hand, the prosecutor applied the law to "thief and attempted larceny" in "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" and "Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329, and Article 342 of the Criminal Act" to "Article 329 and Article 342 of the Criminal Act" as "Article 329 and Article 342 of the Criminal Act". This court permitted this.
Therefore, the judgment of the court below is no longer maintained.
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 about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts constituting a crime and evidence acknowledged by this court is as stated in each corresponding column of the judgment below, except for the deletion of “the Defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and the Defendant again stolen or attempted to steals property during the repeated crime period,” which is the same as stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Act in relation to the facts constituting an offense (the points of Section 329), Articles 329 and 342 of the Criminal Act in relation to each of the said Articles, and choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are against the Defendant’s recognition of the instant crime, and the victims’ damage is not relatively heavy.