특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
The seized divers, 2 (No. 1), knife, etc.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment and confiscation) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s authority, the Prosecutor’s judgment was examined ex officio prior to the judgment on the grounds for appeal by the lower court, and the Prosecutor’s totaling KRW 578,900 among the facts constituting an offense was “amounting to KRW 718,90,00 in total over 21 times.” In addition, the Defendant’s application for permission to amend the Bill of Indictment attached to the judgment of the lower court was made to change the list of crimes in the annexed list of crimes in this case. Since the subject of the judgment was changed by this court
3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after hearing.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) from September 1, 2012 to September 11, 2012; and (b) from September 11, 2012 to “from September 201, 2012, an aggregate of KRW 578,900 in total over 20 times”; and (c) from September 12, 201 to “an aggregate of the market price of KRW 718,900 in total over 21 times”; and (d) to the annexed list of crimes in the judgment of the court below as shown in the annexed sheet of this case; and (e) to add “Z written statement” in the summary of the evidence as stated in the judgment of the court below, it is identical to
Application of Statutes
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330, 331 (1), and 342 of the Criminal Act concerning the relevant criminal facts and Articles 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, excluding
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Return;