상습절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
No. 8 of seized evidence shall be charged to the victim C.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and three years and six months) of the judgment below is too unreasonable.
2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.
In the trial at the trial, the prosecutor applied for amendments to the indictment with the content that the name of the crime in the facts charged against the defendant is "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," and the applicable provisions of the Act to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act," respectively, and since the same is changed by this court's permission, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 332 and 329 of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime; Articles 332 and 329 of the Criminal Act concerning the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up the long-term punishments of two crimes);
1. Article 333(1) of the Criminal Procedure Act for the Return of Victims [No. 18 (Chapter 2) does not mean stolen or stolen goods of each of the crimes of this case, but excludes evidence No. 18 included in the subject of return of victims from the judgment of the court below.] The reason for sentencing is that the defendant recognized his mistake and repents, and substantial part of theft damage was returned.