특정범죄가중처벌등에관한법률위반(절도)등
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for three years.
The defendant.
1. The gist of the grounds for appeal asserts that the lower court’s imprisonment (three years of imprisonment) is too unreasonable.
2. The ex officio judgment prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the names of the crimes against the defendant in the trial of the court, and the applicable provisions of the relevant part of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 32 and 329 of the Criminal Act", and since the above court
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, on the ground that the above ground for ex officio reversal exists, and the part of the court below's judgment excluding compensation order is reversed
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant provisions of the Criminal Act and Articles 332, 329 (only inclusive of habitual thefts), 351, 347 (1), and 352 (only including habitual fraud and attempted crimes) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a penalty;
2. Article 35 of the Criminal Act among repeated crimes;
3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
4. B Q and W, an application for compensation: Each of the crimes of this case, on the grounds of the sentencing of penalties in Article 25(1), Article 31(1), Article 31(2), and Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits (the application for compensation of B Q, an application for compensation, within the scope of the amount damaged by habitual larceny, and the application for compensation of W, within the limit of the claimed amount), has the record of having been already punished several times for the same kind of crime, and the number of times having been sentenced to a sentence among them