특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The decision of the court below on the gist of the reasons for appeal (the maximum of two years of imprisonment, the short of one year and six months) is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the public prosecutor, ex officio after the commencement of the retrial, applied the crime name “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)” as “Habitual larceny and intrusion upon residence,” and applied legal provisions “Articles 5-4(1) and 329 of the Criminal Act” as “Articles 332, 329, and 319(1) of the Criminal Act,” and “in cases where the crime No. 3 of the Criminal Act intrudes on the inside,” and “in cases where the crime No. 7 of the Criminal Act was committed by the same method,” and “the same method,” as “in cases where the crime No. 3 of the Criminal Act was committed,” and the crime No. 7 of the same offense was modified by this court and thus, the judgment below was no longer maintained.
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 after pleading.
[Judgment] The summary of facts constituting a crime and evidence recognized by the court and the summary of the evidence are the facts constituting a crime in the judgment of the court below, and the summary of the evidence is the period of suspension of execution as of May 20, 2010 after being sentenced to four years of suspension of execution for two years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Support of Giwon Giwon Giwon Giwon Giwon Ginamon on May 12, 2010.
“Around May 12, 2010, the Defendant was sentenced to two years of imprisonment with prison labor and four years of suspension of execution due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in support of the Sungnam branch of Suwon Friwon.
“Defences [criminal facts] The 3th act of intrusion on the inside and outside of the bank,” and the 3th act of intrusion on the bank [criminal facts].