상습절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds of appeal (for four months of imprisonment and two years of suspended execution) is too unfunied and unfair.
2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor applied for permission to change the indictment to add the following criminal facts in the trial room, and the subject of the judgment was changed by this court. Thus, the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper sentencing, on the grounds that the above reasoning of the judgment below was reversed ex officio, and the judgment below is reversed, and it is again decided as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court are charges 4. Criminal facts in the judgment below and charges 4. This was attempted to habitually steals the victim's property and to steals the victim's property.
“The summary of the evidence added to “A” and the summary of the evidence added to “A” and the summary of the evidence, other than additions, are the same as the corresponding column. As such, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Additional criminal facts
5. On January 5, 2018, the Defendant: (a) committed a theft of KRW 1 set of 950,000 of the market price, which was placed in the display stand by the victim M in front of L department stores of the third floor elevator of L department stores, by taking advantage of the gaps in which the victim’s surveillance was neglected; (b) around 16:30 on January 5, 2018, the Defendant brought about a theft of KRW 1 set of 6,800 of the market price, which was placed in the display stand. On January 5, 2018, the Defendant: (c) taken advantage of the gaps in the victim P, which was managed by the victim P, located in the net City of Ma, Ma, around 30, by taking advantage of the gaps in which the victim’s surveillance was neglected; (d) resulting in a theft of KRW 1 set of KRW 6,800 of the market price in the display stand.
1. The defendant's oral statement in court;
1. Written statements and P statements;
1. Protocols of seizure;