특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the grounds for appeal ex officio prior to the judgment of the court, and the prosecutor changed "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" among the names of the crimes charged in the instant case to "an attempted larceny, night-time larceny of intrusion on buildings, and night-time larceny", and applied legal provisions to the effect that "Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes)" is entirely deleted. Since this court permitted this, the judgment of the court below was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as shown in the corresponding column of the judgment below, except for the cases in which the NEW TE (1) No. 19 is NE in the Schedule of Crimes attached to the sentence of the court below, and the summary of the evidence is as shown in the corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act, as it is, in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 329 of the Criminal Act regarding the selection of punishment (abstinence, an option of imprisonment), Article 330 of the Criminal Act (abstinence to a structure at night), Articles 342 and 330 of the Criminal Act (abstinence to a structure intrusion at night) and Article 319 (1) of the Criminal Act (abstinence to a house and choice of punishment) of the Criminal Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The crime of this case on the ground of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which led to the defendant's attempted to steal or steals property by impairing another person's residence and structure during the new wall time zone.