상습절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The judgment on the grounds of appeal by the defendant ex officio prior to the judgment on the grounds of appeal by the court, and the prosecutor's first instance in the trial, Article 331 (1) of the Criminal Act "Article 331 (1) of the Criminal Act" in the charges
8. or 11. Added charges, the last sentence of the charges was added, and the Defendant habitually intruded into a structure at night by destroying doors, etc. over 11 times, thereby having attempted to steal or steal money and valuables equivalent to 1,743,000 won in total.
“Application for Amendments to Bill of Indictment was filed,” and since the subject of the adjudication was changed by this court’s permission, the judgment of the court below was no longer maintained.
3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper judgment on the sentencing, and it is again decided as follows, recognizing the facts constituting the crime in the court below and the facts added at the court below's trial after pleading as guilty.
Punishment of the crime
[Majority-related relationship] On September 20, 200, the Defendant was sentenced to a suspended sentence of 8 months for special larceny, etc. in support of the Southern District Court of the Jeonju on September 200; on October 12, 2015, the Jeonju District Court issued a summary order of KRW 1 million for larceny; on November 24, 2016, the Defendant was sentenced to imprisonment with prison labor for night structure intrusion larceny, etc. at the Jeonju District Court and completed the execution of the said sentence on September 24, 2017.
[Criminal facts]
1. On November 18, 2017, from around 21:30 to 22:00 of the same day, the Defendant: (a) committed the act of clothinging “E” located in Gwangju-gu, Nam-gu; (b) thereby, the Defendant entered the wall outside of the wall, and then destroyed the refrigerator installed on the back door with both hands and damaged it; and (c) the damage was caused by the rupture above the rupture of the rupture, which entered the said facility.