특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal (unfair punishment) that the court below sentenced against the defendant is too unreasonable.
In the trial of the court, the ex officio judgment prosecutor applied for amendments to the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual Larceny", "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 329 of the Criminal Act" in the applicable provisions of the Act to "Articles 332 and 329 of the Criminal Act", and the subject of the judgment was changed by the court.
However, the changed portion as above and the remaining facts charged that the court below found guilty should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and the evidence admitted by the court are as follows. The summary of the facts constituting a crime in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for changing the "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" of the second instance to "Habitual larceny".
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 332 and 329 of the Criminal Act, the choice of punishment for criminal facts, Articles 70 (1) 3 of the Specialized Credit Finance Business Act (the use of credit card illegally, the choice of imprisonment), 347 (1) of the Criminal Act (the use of fraud, the choice of imprisonment), 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the use of private document, the choice of imprisonment), Articles 234 and 231 of the Criminal Act;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.