특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds of appeal on the grounds of appeal, the prosecutor, ex officio, shall change the name of the crime against the facts charged in this case from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual thief", and delete "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and add "Article 332 of the Criminal Act" to "Article 332 of the Criminal Act" among applicable provisions, and the judgment of the court below shall not be maintained any longer
3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds of appeal on the grounds of ex officio reversal, and the following decision is delivered after oral pleadings.
Criminal facts
Except for the addition of “the list of crimes” to the facts constituting the crime of the lower judgment and the summary of evidence, it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The grounds for sentencing of the relevant statutory provisions on criminal facts are as follows: (a) Articles 332, 329, 330, 331(1), and 342 of the Criminal Act (generally, the statutory penalty for habitual special larceny is the most severe, and only one crime is established, covering the remainder of the crime for habitual special larceny (see, e.g., Supreme Court Decision 75Do1184, May 27, 1975).
1. The instant crime committed by the Defendant, by misrepresenting his employees, etc. at a funeral hall, finds out the address of the victims who have taken funeral ceremony and intruded into an empty house, and attempted to steals or steals goods, which are not very good, and repeatedly commits larceny in light of the fact that the same criminal records were committed several times, a sentence of punishment is inevitable.
2. Meanwhile, the Defendant committed all crimes.