(영문) 광주고등법원 2016.10.13 2016재노10 (1)

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(영문) 광주고등법원 2016.10.13 2016재노10 (1)

특정범죄가중처벌등에관한법률위반(절도)등

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than three years and eight months.

Reasons

1. According to the records of the case, in the case of Gwangju High Court 2013No278 on August 22, 2013, the Defendant was sentenced to a judgment sentenced to imprisonment for four years pursuant to Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; hereinafter the same shall apply) and Article 329 of the Criminal Act (hereinafter referred to as “the judgment subject to retrial”), and decided on August 27, 2013; thereafter, this court rendered a decision to commence a retrial on the judgment subject to retrial according to the Defendant’s request for retrial; and the fact that this decision became final and conclusive can be acknowledged respectively.

2. The sentence imposed by the court below (six years of imprisonment) on the defendant is too unreasonable.

3. In the trial of the competent authority, the prosecutor shall apply for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes in the name of the defendant as "Habitual larceny", and the applicable provisions of Articles 5-4 (6) and (1) and 329 of the Criminal Act as "Article 332 and Article 329 of the Criminal Act" shall be construed as "Article 332 and Article 329 of the Criminal Act", and the court shall grant permission. Since the part concerning the larceny among the facts charged in this case is modified to be tried, the judgment of the court below that sentenced to one punishment by applying the ratio of the larceny and the remaining part as substantive concurrent crimes under the former part of Article

4. The judgment of the court below is reversed without examining the grounds for appeal by the defendant on the grounds of ex officio reversal, 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 column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning criminal facts are habitually stolen.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제6항

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