상습특수절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Seized evidence No. 4 shall be forfeited from the defendant.
1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment, confiscation) is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the Defendant committed a violation of the Act on Specialized Credit Financial Business of this case, which is a single criminal intent to purchase goods from franchisees using the stolen I card, and as such, the Defendant’s act of unlawful use of the same credit card constitutes a single crime (see Supreme Court Decision 96Do1181, Jul. 12, 1996). However, the lower court committed an unlawful act of dealing with the violation of the Act on Special Credit Financial Business of this case as concurrent crimes, and thus, the lower court cannot be maintained further in this respect.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, and Articles 332, 331(1), 330, 329, 342 of the Criminal Act (in addition, the fact of habitual special larceny), Article 347(1) of the Criminal Act (the fact of fraud, selection of imprisonment with labor), Article 70(1)3 of the Act on Business of Financial Services Specializing in Credit Business (as a whole, the fact of illegal use of credit cards, and selection of imprisonment with labor);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for habitual special larceny, the punishment of which is the largest, shall be aggravated);
1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows: (a) the Defendant habitually intrudes upon another’s residence at night, thereby thefting or attempted property.