강도상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than four years and six months.
Seized Nos. 24 and No. 24)
1. The sentence imposed by the lower court (five years of imprisonment, etc.) is too unreasonable.
2. The decision ex officio is made prior to the determination of the Defendant’s assertion.
In the first instance of the trial, the prosecutor deleted the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" from among the names of the crimes as "Habitual special larceny", and the "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act" from among the applicable provisions of Acts, and applied for the amendment of a bill of indictment adding "Articles 332 and 331 of the Criminal Act". The subject of the judgment was changed by this court's permission. The remaining parts are concurrent crimes under the judgment of the court below and Article 37 of the Criminal Act, and thus, the judgment of the court below
3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment below is reversed, and the following is again
- The reasoning used again for reversal - Criminal facts and summary of evidence recognized by the court below as criminal facts and summary of evidence are as stated in each corresponding column of the judgment of the court below except for the alteration to a habitual special larceny “(thief)” in Article 369 of the Criminal Procedure Act. As such, it is accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 337 of the Criminal Act (the point of injury by robbery, the choice of limited imprisonment), Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 332 and 331(1) of the Criminal Act concerning habitual special larceny, and habitual crimes refer to the crime of so-called, so-called and form, which one crime is to be committed en bloc when the same kind of act is repeated habitually. Thus, the same type of act is several.