특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. The gist of the grounds for appeal was that the Defendant was in a state of mental disability due to shock disorder, etc. in the state of being found at the time of each of the instant crimes.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In the trial of the party, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the name of the defendant to "Habitual larceny", and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes "Article 332 of the Criminal Act" from among applicable provisions of the Act, and since this court permitted the amendment, the judgment of the court below was no longer maintained.
However, the defendant's ground of appeal is still subject to the judgment of this court, and this is examined.
B. As to the grounds for appeal, the Defendant also asserted the same as the grounds for appeal of this case, and the lower court rejected the judgment in detail.
In light of the evidence duly admitted and examined by the court below, the judgment of the court below is justified, and the defendant's above assertion is not acceptable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal is established, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
For the purpose of law
1. Relevant Articles 332 and 329 of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the facts constituting an offense;
1. The two punishments of Article 35 of the Criminal Act among repeated criminal offenders have been sentenced to imprisonment for up to 12 years in total due to the larceny crime since 1997, and in particular, the criminal defendant has been sentenced to imprisonment for more than five years.