특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.
B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. Under the principle of the principle of no punishment without law, the interpretation of a penal provision shall be strict, and it shall not be permitted to expand or analogically interpret the meaning of a penal provision in the direction unfavorable to the defendant.
(See Supreme Court Decision 201Do14687 Decided July 25, 2013. A prosecutor brought a public prosecution on the grounds that the Defendant violated Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Act”) and Article 5-4(1) and (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Act”) and the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case were two times.
Article 5-4 (6) of the Act provides for aggravated punishment up to twice the short-term punishment prescribed for the crime in cases where a person was sentenced to imprisonment twice or more for the crime referred to in Article 5-4 (1) of the Act and again commits a crime referred to in paragraph (1) within three years after the completion or exemption of the sentence.
Therefore, this provision is applied under the premise that the “crime of Paragraph 1” was sentenced two or more times.
Meanwhile, Article 5-4 (5) of the Act provides that a person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, 340 and 362 of the Criminal Act or the attempts thereof shall be punished as a repeated crime by again committing such crime, and such provision provides that a person shall be punished by the same penalty as provided in paragraphs (1) through (4) of the same Article. Such a person shall be punished by a repeated crime committed three or more times among the crimes provided in paragraphs (1), (3) or (4) of the same Article, and again commits such repeated crimes as provided in the same paragraph.