특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for three years.
1. The summary of the grounds for appeal (three years of imprisonment) by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendants, the case is examined ex officio prior to the judgment on the grounds for appeal by the Defendants, and the public prosecutor applied for the amendment of indictment with the deletion of “Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the applicable provisions of the facts charged in the instant case, and the judgment of the court below is no longer maintained as the case was changed by the
3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' request for unfair sentencing, on the ground that the above grounds for reversal are reversed ex officio, and the judgment below is again reversed, and the following is again decided
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article applicable to criminal facts;
A. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 331(2), and 342 of the Criminal Act (with regard to habitual larcenys, choice of limited imprisonment)
B. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed by Defendant B, Articles 331(2) and 342 of the Criminal Act (i.e., habitual larceny, inclusive, choice of limited imprisonment)
1. The reasons for sentencing under the proviso of Article 35 and the proviso of Article 42 of the Criminal Act are as follows: (a) the Defendants are aware of the crime and reflect their mistakes in depth.
However, even though the Defendants had been punished several times for the same kind of crime in the past, the crime of this case was repeated during the period of repeated crime, the damage was not recovered, and the victims want to punish the Defendants, and the circumstances leading up to the crime of this case.