특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Victims of heading 1, 4 of seized evidence shall each be victims.
1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.
2. According to the ex officio records, the Defendant was sentenced to five years of imprisonment by the Gwangju District Court on July 18, 2013 for a crime of larceny (thief) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on October 18, 2013.
According to the conclusion of the above judgment, each of the crimes of this case and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) by the defendant are concurrent crimes of the latter part of Article 37 of the Criminal Act.
Nevertheless, the lower judgment, which omitted the application of the first sentence of Article 39(1) of the Criminal Act with respect to each of the instant offenses by the Defendant, could not be maintained as it is.
3. Thus, the judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows: “The defendant was sentenced to five years to imprisonment with prison labor at the Gwangju District Court on July 18, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) during the period between 6 and 7 of the judgment of the court below on October 18, 2013.
In addition, “1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)” of the 7th parallel conduct in the 2th parallel conduct shall be changed to “1. Habitual larceny”, and the summary of the evidence shall be as stated in each corresponding column, except for the addition of “1. previous conviction” to “1. previous conviction” in the part above the summary of the evidence, so it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 332 of the Criminal Act applicable to the relevant criminal facts, Articles 32, 329 of the Criminal Act (Habitual larceny, Selection of Imprisonment), Article 238(1) of the Criminal Act (Unlawful Use of Official Marks) and Article 238(2) of the Criminal Act.