특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The Defendant alleged mental disorder committed the instant crime under the influence of alcohol and physical and mental weakness. As such, the punishment should be mitigated pursuant to Article 10(2) of the Criminal Act.
B. The sentence sentenced by the court below (one year of imprisonment) is too unreasonable.
2. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of the instant crime, in light of the background leading up to the instant crime, the means and method of the crime, and the Defendant’s speech and behavior before and after the instant crime, the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.
Therefore, this part of the defendant's assertion is without merit.
3. In the first to second of the facts charged in the instant case, the prosecutor’s ex officio judgment was sentenced to eight months of imprisonment with prison labor on March 27, 2009 through night intrusion, larceny, etc. at the Jung-gu District Court on March 27, 2009; on March 23, 2010, he was sentenced to six months of imprisonment with prison labor by larceny, etc. from the Suwon District Court on March 23, 2010; and Article 5-4 subparag. 5 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes deleted from the relevant legal provision regarding the facts constituting an offense subject to the applicable column of the relevant law; and applied for changes of the name of the offense to “thie (thie)” from “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thie)”; and this court permitted this.
Therefore, the judgment of the court below is no longer maintained.
4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing, on the grounds of the above ex officio reversal.
【The part of the judgment that was rendered in its entirety] The criminal defendant was sentenced to six months of imprisonment with prison labor from a prison labor for larceny at a prison of Suwon on August 11, 2016 and sentenced to such punishment on September 8, 2016.