특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. As to the facts constituting an offense in the judgment of the court below, the prosecutor ex officio made a request for changes in the indictment with respect to ① the name of the offense as stated in the judgment of the court below, ② the change of the applicable provisions to “Habitual larceny”, ② the term “35 times” in the 13th sentence of the facts constituting an offense into “Article 332, 330, and 331(1) of the Criminal Act, ② the term “36 times” in the crime list, and each request for changes in the list of crimes as stated in the written application for changes in the indictment issued on April 8, 2015, and since this court permitted each of them, the judgment of the court below
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts and evidence admitted by the court is as follows: ① the list of crimes and evidence shall be replaced by the list of crimes attached to the original judgment; ② the second 8th '35 times' shall be changed to the list of crimes attached to the original judgment; ③ the summary of the evidence shall be changed to the “written statement of the defendant”; ③ the “written statement of the defendant” in the summary of the evidence shall be changed to the “written statement of the defendant,” and the “1. CF statement” shall be as stated in each corresponding column of the original judgment; thus, it shall be cited as it is in accordance with
Application of Statutes
1. As a whole Articles 332, 330, and 331(1) and 331(1) of the Criminal Act applicable to the facts constituting the crime;
1. Article 35 of the Criminal Act of Aggravation of repeated crime provides that the defendant has become guilty of sentencing, and all of the crimes of this case are recognized and the defendant reflects his mistake.
However, although the defendant has been punished several times due to the same crime (three times of punishment, one time of suspended execution, and one time of fine), he/she is well aware of the period of repeated crime.