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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for three years.
Defendant
B.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each sentence (Defendant A: imprisonment with prison labor for three years, and Defendant B: imprisonment with prison labor for ten months) declared by the court below to the Defendants.
2. Judgment on Defendant A
A. We examine ex officio prior to the judgment on Defendant A’s grounds for appeal.
In this court, the prosecutor applied the Act on the Aggravated Punishment, etc. of Specific Crimes to Defendant A as "Habitual Special Larceny"; "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 331 (2), 330, 329, 342, and 30 of the Criminal Act" in the applicable law to "Article 332, 331 (2) and (1), 330, 329, 342, and 30 of the Criminal Act" was amended to "Article 332, 331 (1), 330, 330, 329, 342, and 30 of the Criminal Act."
Therefore, the judgment of the court below against Defendant A was no longer maintained.
B. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the above defendant's unfair argument for sentencing, and the following is ruled again after the oral argument.
Criminal facts
The summary of the evidence and the facts charged by Defendant A and the summary of the evidence recognized by this court are as stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
For the purpose of law
1. Relevant provisions of the Criminal Act and Articles 332, 331(2) and (1), 330, 329, 342, and 30 (including inclusive) of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act of aggravated repeated crimes is the case where Defendant A committed a crime of special larceny, night intrusion larceny, larceny, etc. over 11 times habitually.
Defendant
A shall be punished by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the assistance of the Suwon Frigwon of Suwon Frigwon on November 26, 2010.