특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
The seized Gap (No. 2) and Bap, etc. (No. 2)
1. The sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In this court, the prosecutor applied the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual Special Larceny" and the applicable law to "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) and Article 329 of the Criminal Act" to "Article 332, Article 331 (1), and Article 329 of the Criminal Act" were amended to "Article 332, Article 331 (1), and Article 329 of the Criminal Act," and the court was changed to the subject of the judgment.
B. As the lower court rendered a single sentence by treating the crime of embezzlement of deserted articles that were found guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as concurrent crimes in the former part of Article 37 of the Criminal Act and by treating them as concurrent crimes, the lower court’s judgment was no longer maintained in its entirety.
3. The judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.
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 below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
For the purpose of law
1. Relevant legal provisions of the Criminal Act and Articles 332, 331(1), 330, 329 (comprehensively special larceny) of the Criminal Act concerning facts constituting an offense, and Article 360(1) of the Criminal Act (a) of the same Act
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than that prescribed for habitual special larceny);
1. In the case of this case, both punishment of Article 48(1)1 of the Criminal Act No. 48(1)1 of the Confiscation Act, the defendant is habitually stolen and stolen on three occasions.