특정범죄가중처벌등에관한법률위반(절도)
Each judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The judgment below
51 days of detention before pronouncement.
The summary of the grounds for appeal by the defendant is that each sentence of the court below is unreasonable.
However, prior to the determination as to the grounds for appeal above, the prosecutor applied for the revision of the indictment to add the facts charged to the trial, and the party members permitted it, which led to a change in the subject of adjudication against the defendant in the trial, and thus the original judgment based on the premise of indictment cannot be maintained any longer. Meanwhile, in the case of Incheon District Court Decision 2002Ra7401, the defendant was sentenced to imprisonment with prison labor for three years and ten months for a crime such as fraud in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (ththth) in the same court in the same court Decision 2003Ra1052, and appealed each of the above cases, and appealed each of the above crimes against the defendant and appealed each of the above cases in the trial proceedings, each of the above cases shall be sentenced to concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single punishment at the same time pursuant to Article 3
Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the defendant.
Criminal facts
The defendant is sentenced to six months of imprisonment for attempted larceny at the Seoul District Court on September 24, 1992; eight months of imprisonment for larceny at the Seoul District Court on March 18, 1994; eight months of imprisonment for the crime of larceny at the Seoul District Court on November 21, 1997; 1.8 million won of imprisonment for larceny at the Government's branch of the Seoul District Court on February 24, 1999; one year of imprisonment for larceny at the Seoul District Court on November 14, 200; and eight months of imprisonment for the crime of larceny at the Seoul District Court on March 7, 2002; and the execution of the final sentence on September 18, 2002; and one million won of imprisonment for the crime of larceny at the Government's branch of the Seoul District Court on September 18, 2002 through a fine (limited to a fine for negligence). < Amended by Act No. 6630, Sep. 15, 2002>