상습야간건조물침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.
2. Before the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor changed the name of the criminal defendant against the larceny in the trial of the party, from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Habitual night buildings larceny", and the applicable provisions of Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes withdraw "Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes" and applied for the amendment of indictment to add "Article 332 of the Criminal Act" and thus
Therefore, 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, on the ground of ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are the same as indicated in each corresponding column of the judgment of the court below, in addition to changing the "1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" from among the facts constituting the crime as indicated in the judgment of the court below to "Habitual night buildings theft", and therefore, they are cited as it is in accordance
Application of Statutes
1. Relevant Articles 332 and 330 of the Criminal Act and Articles 332 and 330 of the Criminal Act concerning facts constituting an offense (the points of habitual night structure theft and the choice of imprisonment), and 245 of the Criminal Act (the point of public performance and obscene)
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes is that the defendant has been sentenced four times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even though he/she had past record of being sentenced four times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, he/she commits the same kind of larceny during the period of repeated crimes.