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 eight months.
1. The summary of the grounds for appeal (defendants) is too unreasonable. The sentence of the lower court (one year and eight months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “the provisions of this case”) that was amended by Act No. 13717, Jan. 6, 2016, separate from Article 35 of the Criminal Act, Article 35 of the Criminal Act, “where a person who has been sentenced more than three times to imprisonment for a crime (including several crimes) under Articles 329 through 331 of the Criminal Act again commits the relevant crime during the period of repeated offense, it shall be interpreted that a person who again commits a crime under Article 329 through 331 of the Criminal Act shall be punished as a statutory penalty heavier than the Criminal Act.
Therefore, the punishment for a repeated crime under Article 35 of the Criminal Act should be determined within the scope of the aggravated punishment for a repeated crime under Article 35 of the Criminal Act (see Supreme Court Decision 2019Do18947, May 14, 2020). However, the lower court erred by misapprehending the legal doctrine on the interpretation of the statutory provisions of this case, thereby adversely affecting the conclusion of the judgment.
The lower court rendered a single sentence for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the remaining crimes, which are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the lower court became unable to maintain its entirety.
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 through pleading.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary thereof are identical to the facts stated in each corresponding column of the judgment below.