특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below, excluding the application for compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. In addition to the confession of the defendant, there is no corroborating evidence for the facts constituting the crimes in the No. 1, 2, 6, 7, and 8 of the list of crimes in the judgment of the court below.
Nevertheless, as the lower court found the Defendant guilty, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.
B. As a result, the Defendant was in a state of mental and physical disability as a result of the military register wall, which is a kind of shock disorder at the time of the instant case, and thus, the Defendant was in a state of mental and physical disability, the lower court did not recognize the Defendant’s punishment.
Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to mental illness and injury.
C. The Defendant’s each crime of mistake of facts is only due to such shock disorder, not due to theft.
Nevertheless, the lower court convicted the Defendant of the charges of habitual larceny and habitual larceny, and the lower court erred by misapprehending the habituality, thereby adversely affecting the conclusion of the judgment.
One year and six months of imprisonment imposed by the court below on the defendant is too unreasonable.
2. Before judgment on the grounds for appeal by the defendant ex officio, the case is examined ex officio, and the habitual offender refers to the so-called so-called crime of the same kind, which is applied to one crime en bloc when the same kind of act is habitually repeated. Thus, if multiple acts of the same kind are recognized as habitually, the remaining acts of the same kind of act shall be punished as one crime by including the most serious crime.
(See Supreme Court Decisions 98Do1359 delivered on July 14, 1998, 76Do124 delivered on May 25, 1976, and 75Do1184 delivered on May 27, 197, etc.). Accordingly, with respect to the Defendant who habitually repeats the crimes committed by health units, seven times of larceny, and two times of larceny, the most severe punishment is the crime of habitual larceny.