특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
1. The following facts are acknowledged according to the progress records of the case.
A. On July 8, 2014, the Defendant and the claimant for reexamination (hereinafter “Defendant”) filed an appeal after having been sentenced to six years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Flag method Board.
B. On October 16, 2014, the appellate court: (a) reversed the lower judgment; and (b) sentenced the Defendant to five years of imprisonment (hereinafter “instant judgment subject to a retrial”); (c) the Defendant was on the part of the Defendant; (d) on December 24, 2014, the Supreme Court dismissed the final appeal and became final and conclusive on December 24, 2014.
(c)
After the Defendant filed a petition for the instant retrial, this Court decided to commence the retrial on April 6, 2016, and the decision to commence the retrial became final and conclusive as it is, since there was no legitimate filing of an appeal within the appeal period.
2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six years of imprisonment) is too unreasonable.
3. Examining ex officio prior to the judgment on the grounds for ex officio appeal, the prosecutor filed an application for changes in the indictment with the purport that the name of the defendant is "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 32, 329, and 30 of the Criminal Act" are changed to "Article 332, 329, and 30 of the Criminal Act". Since the court permitted the change to the subject of the judgment, the judgment of the court below is no longer possible.
4. Thus, the judgment of the court below is reversed in accordance with 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.
[Grounds for a new judgment] Summary of facts constituting an offense and evidence recognized by the court is the original judgment.