특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and nine months.
Nos. 2 through 4 of seized evidence.
1. According to the progress records of the case, the following facts are recognized.
A. On September 18, 2014, the Defendant was sentenced to imprisonment with prison labor for two years and for confiscation in Daegu District Court Decision 2359, 3233, 3471 (Joint).
On December 5, 2014, the Daegu District Court accepted the defendant's appeal in 2014No3560, the appellate court, and reversed the above judgment of the court below and sentenced the defendant to imprisonment with prison labor for one year, nine months and nine months, and the above judgment became final and conclusive on December 13, 2014.
B. After that, the Defendant filed a petition for a new trial on the judgment subject to a new trial with the Daegu District Court 2015 Daegu District Court 57, and this court rendered a decision to commence a new trial on December 1, 2015, which became final and conclusive around that time.
2. The sentence imposed by the lower court (two years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.
3. Upon ex officio determination, the prosecutor applied the provision of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual Special Theft" among the names of the crimes against the defendant against "Aggravated Punishment, etc. of Specific Crimes" as "Habitual special larceny", and the provision of the applicable Act to "Articles 5-4 (1), 331 (1), 330, 329, and 342 of the Criminal Act" as "Articles 332, 331 (1), 330, 329, and 342 of the Criminal Act" were amended as "Articles 332, 331 (1), 330, 329, and 342 of the Criminal Act". It was changed to the subject of the judgment by the court.
In addition, this part of the facts charged and the remaining facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below cannot be reversed in its entirety.
4. The judgment of the court below is reversed ex officio, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant.