특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Seized evidence 3, 4, and 5 shall be confiscated.
1. According to the progress records of the case, the following facts are recognized.
A. On September 5, 2013, the Defendant and the claimant for a retrial (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for three years and confiscation due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Suwon District Court 2013Dahap372 case.
On the other hand, the defendant appealed for the reason that the above punishment is too unreasonable.
B. The Seoul High Court, the appellate court, reversed the judgment of the lower court on January 16, 2014 in the case 2013No3043, and sentenced the Defendant to two years and six months of imprisonment and confiscation (hereinafter “the judgment on review”). The said judgment became final and conclusive on January 24, 2014.
C. After that, the Defendant filed a petition for a new trial with this Court No. 2015 Jaeno171, and this Court rendered a decision to commence a new trial on July 6, 2015, and thereafter, the said decision to commence a new trial became final and conclusive as is, on the grounds that there was no legitimate filing of an appeal within the appeal period.
2. The sentence imposed by the lower court (three years of imprisonment and of confiscation) is too unreasonable.
3. Examination ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In this case, the prosecutor applied for amendments to the indictment to the effect that the name of the crime of larceny among the facts charged in the instant case is "Habitual Special Larceny" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", and that the applicable provisions of this case are "Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 32, 329, 330, 331(1), and 342 of the Criminal Act" and "Articles 332, 329, 330, 331(1), and 342 of the Criminal Act" were modified by the court.
In addition, this part of the facts charged and the remaining facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced under Article 38(1) of the Criminal Act
Therefore, the judgment of the court below is in full.