특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
The grounds for appeal by the defendant (unfair sentencing) by the court below (three years of imprisonment) is too unreasonable.
The reasons for the prosecutor's appeal (unfair sentencing) that the court below rendered is too unfasible and unfair.
On November 3, 2017, the prosecutor of the judgment ex officio conducted the following facts: “The Defendant committed a theft or attempted to steals the victims’ property over 11 times, as indicated in the list of crimes, by infringing upon the victim AA, who was living in Songpa-gu Seoul Metropolitan Government Z and damaged the place of the crime prevention, resulting in a diversification of KRW 5 million in the market price, and resulting in the theft of the victim’s property.
“Application for Amendments to Bill of Indictment was filed by adding the facts charged, and this Court permitted this and changed the subject of the adjudication.
The judgment of the court below is no longer maintained.
The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the ground that the above grounds for reversal ex officio. The judgment of the court below is reversed and it is again decided as follows.
[Grounds for the judgment in Seoul Southern District Court sentenced the defendant to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on July 15, 2011, and on April 10, 2015, the Seoul High Court sentenced the defendant to three years of imprisonment for habitual special larceny and completed the execution of the sentence at the Seoul Detention Center on June 17, 2017.
[2] On November 3, 2017, the Defendant attempted to steal or steal the victims’ property on 16 occasions from November 3, 2017 to December 24, 2017, as indicated in the list of crimes in the attached Form, in which the Defendant invadedd the victim AA’s residence in Songpa-gu Seoul Z and brought about a large amount of KRW 5 million in the market price due to intrusion.
The defendant is habitually sentenced to punishment twice or more due to habitual larceny, etc., and the execution of the punishment is completed within three years thereafter.