Text
A defendant shall be punished by imprisonment for a term of one year and ten months.
Reasons
As the court started a new trial only for the crimes of Articles 2 through 5 of the Judgment on the Aggravated Punishment, etc. of Specific Crimes [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), each embezzlement, Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), Violation of the Road Traffic Act (Aggravated Punishment, etc.)] among the judgment subject to a new trial, the scope of the trial of this court is limited to the above part, and the part of the
In addition, the part concerning the crime of Articles 3 through 5 of the holding [the part concerning the crime of embezzlement, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the part concerning the crime of larceny) and the violation of the Road Traffic Act (the part concerning the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)] are nothing more than that of the second crime [the part concerning the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes]
(See Supreme Court Decision 2001Do1239 delivered on July 13, 2001, etc.). On the other hand, with respect to the part concerning the second crime in the holding, the prosecutor applied for the amendment of indictment with the content that the name of the crime is "Habitual larceny" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes", and Article 329 of the Criminal Act to "Articles 332 and 329 of the Criminal Act", and the subject of the
Punishment of the crime
On February 20, 2003, the Defendant was sentenced to imprisonment with prison labor for larceny, etc., 1 year of suspended execution, 3 years of probation, and community service order by the Gwangju District Court.
In addition, on October 1, 2009, the Gwangju District Court sentenced one year to imprisonment with prison labor for night-time intrusion and larceny, etc. on June 30, 2010 and completed the execution of the sentence on August 21, 2010.
Criminal facts
[2013 Height3577]
1. The Defendant is habitually thefted, and the Defendant is in the Sungsung-gun E around 15:00 on June 2, 2013.