특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution, two years of probation, community service, 200 hours of imprisonment) of the lower court is deemed to be too uneasy and unfair;
2. We examine ex officio prior to the judgment on the grounds for appeal.
In the trial of the case, the prosecutor applied for the amendment of the indictment with the content that the name of the crime charged in the case is "Habitual and Night Residence Larceny" and the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes are "Articles 5-4 (1) and 329 and 330 of the Criminal Act" as "Articles 332, 329 and 330 of the Criminal Act."
The judgment of the court below cannot be maintained as it is, since this court permitted it to be tried.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Punishment of the crime
[Criminal Power] On April 4, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the branch court of the Busan District Court on the same day and three times more of the same records.
【Criminal Facts】
1. Habitual theft;
A. On June 27, 2014, around 14:00, the Defendant: (a) opened a residential entrance, which was not corrected in the victim F in Busan AJ Daegu at the Busan AJ; and (b) opened the door to shower; and (c) cut off the victim’s possession with one observer G mobile phone with an option amounting to KRW 100,000,000 at the market price of the victim’s possession.
B. On August 3, 2014, around 14:00, the Defendant, entering the first floor through the boiler room, which was not corrected since the victim D’s residence located in the Busan metropolitan Daegu C1st, was stolen with one cell phone of 3,000,000 won in the market price owned by the victim in the house, and with a gallon of 80,000,000 won in cash.
Accordingly, the defendant is habitually.