특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than three years and six months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. An ex officio prosecutor applied for amendments to a bill of amendment to the indictment containing the facts charged as stated in the annexed list of crimes, and since this court permitted this, the judgment of the court below cannot be maintained any longer since it was changed to the subject of the judgment.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: “The Defendant, including B, habitually and from the above date to April 15, 2014, stolen property worth KRW 3,250,000 in total by the same 13 times in the same manner as indicated in the attached list of crimes,” which read “B and the Defendant habitually committed a theft of property worth KRW 4,990,000 in total from the above date and time to April 15, 2014 in the same manner as indicated in the attached list of crimes,” and added the attached list of crimes to “1. The summary of the evidence is as follows.”
1. Statement of the police statement against X;
1. With the exception of addition of “Y, Z, AA, AB”, each statement of the judgment below is the same as that of each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342, 329, 330, and 331 (1) of the Criminal Act concerning the crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;