특수재물손괴등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence 1 to 16 shall be confiscated.
1. The sentence imposed by the court below (two years of imprisonment, confiscation, and exchange) is too unreasonable.
2. Before determining the Defendant’s grounds for appeal ex officio, prior to the determination of the Defendant’s grounds for appeal, the Prosecutor added “a attempted larceny” to the Defendant’s name of the crime, and added “Article 342 of the Criminal Act” to “Article 342 of the Criminal Act” under the applicable law of the corresponding section, and corrected the amount of damage to property as “13,114,332 won,” respectively, as “27,932,00 won,” and the amount of damage to property was “13,114,332 won,” among the criminal facts, stolen property owned by thirty victims.
“Along with the attempted theft of, or attempted to steals, the property owned by 30 victims.”
The judgment of the court below was no longer maintained in this respect, inasmuch as the amendment of the Bill of Indictment was applied for the permission of the court and the subject of the adjudication was changed.
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
On January 23, 2009, the Defendant was sentenced to four years of imprisonment with prison labor for special larceny, etc. at the Daegu District Court, and completed the execution of the sentence on August 25, 2012.
1. On November 3, 2014, the Defendant damaged special property: (a) discovered a motor vehicle of 27 members of the victim E who was parked in the “D cafeteria” parking lot located in Daegu Suwon-gu, Daegu-gu, (b) discovered a car in the victim E, who was in possession of the vehicle, using the network for emergency escape of buses, which is a dangerous object for the purpose of thefting the property in the vehicle; and (b) damaged the said vehicle’s glass in an amount equivalent to 400,000 won; and (c) from that time until February 14, 2017, the Defendant damaged the said vehicle’s glass in an amount of 1:12 times in the list of crimes in attached Form 1-12, 14-17, 19-24, 26-30 times in total, the repair cost of the vehicle, which is 27 members of the victim’s glass on a total of 27 occasions, including the written statements.