절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Seized evidence No. 1 shall be confiscated.
evidence of seizure.
1. The sentence of the court below (three years of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
A. (1) As to the number of crimes, in a case where: (a) the prosecutor first indicted the larceny crime, and then indicted the habitual larceny crime, which is a single single comprehensive crime; and (b) it is found that each crime committed before and after the concurrent deliberation, was constituted a single habitual larceny; (c) Article 327 Subparag. 3 of the Criminal Procedure Act ordering the defendant to dismiss the prosecution against the same case; and (d) preventing the court from rendering two substantive judgments, the purport of Article 327 Subparag. 3 of the same Act is to prevent the defendant from being subject to double punishment; and (e) in such a case, the court does not go against the purport of the above Act that allows the defendant not to be subject to double punishment; and (e) it does not go against the purpose of the above Act that prohibits double punishment by recognizing the same as a single habitual larceny by combining each of the crimes; and (e) even if the court recognizes the criminal facts charged as a single comprehensive crime with the legal evaluation of the number of the crimes, it does not affect the defense of the defendant, it can be punished as a single comprehensive crime without amendment.
In addition to and supplement of the omission in the indictment which constitutes an inclusive crime or the submission of the indictment for an additional indictment, the tiny procedure was not followed to the effect that the omission in the indictment was first prosecuted.
However, the court can judge the whole criminal facts charged before and after the court, and it is not necessary to dismiss the public prosecution on the part of the additional indictment.
(see, e.g., Supreme Court Decisions 2007Do2595, Aug. 23, 2007; 201Do15356, Jan. 26, 2012). Meanwhile, crimes are committed.