특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Summary of Grounds for Appeal
The punishment of the court below against the defendant (three years of imprisonment) is too unreasonable.
In a case where the confession of a defendant ex officio is the only evidence against him, it shall not be admitted as evidence of guilt. Thus, in a case where the defendant is found guilty on the basis of his confession without any supporting evidence, it shall be deemed that there is an error of law affecting the conclusion of the
(2) Article 310 of the Criminal Procedure Act (amended by Presidential Decree No. 200735, Nov. 29, 2007). However, the court below erred in the misapprehension of the law on the reinforcement of confession and omission of the evidence in the summary of the evidence, which affected the conclusion of the judgment. The judgment of the court below that sentenced the above part of the crime and the rest of the crime as concurrent crimes under the former part of Article 37 of the Criminal Act can no longer be 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 allegation of unfair sentencing, and it is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to each corresponding part of the judgment of the court below, except for addition to the "written review report, such as investigation report (information on arrest and entry into and departure from Korea), passport for alteration, etc., report on confirmation of the whereabouts of the person who committed an overseas crime, and personal immigration status" in the summary of the evidence among the judgment of the court below. As such, it
Application of Statutes
1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331(2) of the Criminal Act regarding criminal facts [Aggravated Punishment, etc. of Specific Crimes] and Article 331(2) of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010).