(영문) 인천지방법원 2015.03.13 2014노4690 | 리걸엔진

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(영문) 인천지방법원 2015.03.13 2014노4690

특정범죄가중처벌등에관한법률위반(절도)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

One copy of a seized driver's license (No. 2).

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Ex officio determination: (a) the prosecutor applied for the amendment of a bill of amendment to the indictment with the content that the criminal name among the facts charged against the defendant is "Habitual larceny" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes"; (b) the applicable provisions of the Act to "Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 32 and 329 of the Criminal Act"; and (c) since this court permitted the amendment, the judgment of the court below cannot be maintained any longer.

3. If so, 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 it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 332 and 329 of the Criminal Act applicable to the facts constituting an offense (generality of imprisonment and choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 333(1) of the Criminal Procedure Act for the crime of larceny under the same Act is significantly high, the Defendant has been sentenced to criminal punishment for the crime of larceny under the same Act, the Defendant committed the instant crime repeatedly during the period of repeated crime despite having been provisionally released by being sentenced to imprisonment for one year and six months due to the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant committed the instant crime repeatedly during the period of repeated crime, on the other hand, under the unfavorable circumstances, such as the fact that the Defendant has led to the confession of all the instant crimes and has not reached any repayment or agreement, the number of the crimes and the amount of

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제1항

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