특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. The sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant ex officio, the Prosecutor changed the term “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” from among the names of the crimes in the trial of the party branch to “Habitual theft”, withdrawn “Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the applicable provisions of the Act, and applied for amendments to the indictment in addition to “Article 332 of the Criminal Act”.
Therefore, this part of the judgment of the court below is modified, and this part of the judgment of the court below is a concurrent crime relationship between fraud and Article 37 of the Criminal Act, and a single sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the judgment
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing on the grounds of ex officio reversal, and it is again decided as follows.
[New reasoning of the judgment of the court below] Criminal facts and summary of evidence recognized by this court are criminal facts and summary of evidence. In addition to changing "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" of No. 2 and No. 4 in the criminal facts of the court below to "Habitual larceny", the judgment of the court below is identical to the corresponding column of the court below. Thus, it is acceptable
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 332, 329, 329, and 329 of the Criminal Act (including habitual larceny), Article 347 (1) of the Criminal Act (a point of fraud), and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the defendant, among concurrent crimes, reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty and concurrent crimes stipulated in the crime of fraud as of June 29, 2014), is the same type of larceny as this case.