특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of two years and six months and a fine of one hundred and fifty thousand won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (defendants) is excessively unreasonable in sentencing (two and half years of imprisonment and fine of KRW 150,000) imposed by the court below.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In this case, the prosecutor applied for the modification of the indictment with the content that "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" in the name of the crime of this case in the indictment of this case as "Habitual larceny" and "Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes" in the applicable law as "Article 332 of the Criminal Act". Since this court permitted the modification of the indictment of this case, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed, and the following is delivered through a new legal theory.
【The reasons for the new judgment of the court below 【The facts constituting the crime and the summary of the evidence recognized by the court 【The facts constituting the crime and the summary of the evidence are stated in the corresponding columns of the judgment of the court below as follows.
Therefore, it is accepted by Article 369 of the Criminal Procedure Act as it is.
The judgment below
Part 2 "A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" is considered as "Habitual larceny" in Part 18.
The judgment below
The crimes of Articles 329 through 331 of the Criminal Act, and the defendant habitually committed the crimes of Articles 329 through 331 of the Criminal Act, or the attempts thereof, within three years after the execution of the sentence is completed or exempted, by committing the crimes of Articles 329 through 331 of the Criminal Act.
“The Defendant habitually stolen the property.”
“Aro-friendly”.
Application of Statutes
1. Relevant legal provisions and choice of punishment concerning facts constituting a crime: Articles 332 and 329 of the Criminal Act (the choice of imprisonment, inclusive, with prison labor).