성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
one pipe cuter (No. 2), seized.
Summary of Grounds for Appeal
The punishment sentenced by the court below against the defendant (10 years of imprisonment) is too unreasonable.
Before the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the indictment to change the name of the crime against the defendant into "Habitual Special Larceny" in the trial of the court, and since this court permitted this, the judgment of the court below is no longer maintained.
Therefore, 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 after pleading.
In addition to the fact that the title of Paragraph (2) of the judgment of the court below is changed from "Habitual larceny to "Habitual Larceny", and the title of Paragraph (2) of "a summary of evidence" is the same as that of each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act inasmuch as it is identical to the description of each corresponding column of the judgment of the court below in addition to the fact that the criminal facts and summary of evidence recognized by the court below are identical to that of "Habitual Larceny
Application of Statutes
1. Article 5(2) of the former Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims of Sexual Crimes (amended by Article 5(10) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 334(1) and (2) of the Criminal Act; Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter referred to as the “Special Act on the Punishment, etc. of Sexual Crimes”); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 332, Article 331(2) and (1), Article 329, and Article 342 of the Criminal Act (including habitual larceny);