특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
The Seoul District Prosecutors' Office that has been seized.
1. The gist of the grounds for appeal is unreasonable because the original court's imprisonment (four years of imprisonment and repayment) is too large;
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the public prosecutor added “Article 78 subparag. 2 and Article 71(1) of the Automobile Management Act” to the applicable provisions of the Act as applicable provisions of the Act in the trial, and applied for the amendment of each amendment to the indictment on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., which added the theft to the charges of the violation of the Act on the Aggravated Punishment, etc., and since the judgment was changed by the court, the judgment below
3. Accordingly, 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 judgment of the court below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts and evidence acknowledged by this court is as follows. The "F" in the judgment of the court below is as "victim BO"; the "victim Q" in the 6th paragraph 9 is as "victim BL"; the 1-2nd paragraph and the 19th paragraph are as follows: "G. The defendant, around 12:50 on February 1, 2013, opened a door-to-door BabP Co., Ltd. BP, AP, and opened a 600,000 won in the market price of the victim BR and 126,00 won in cash; the victim BS cash owned by the victim BS 63,000 won in cash, the victim Q Q 9; the victim's 1-2nd paragraph 18th and the 19th paragraph 19th of the criminal facts.