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The part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is reversed.
Defendant shall be punished by imprisonment.
Reasons
Summary of Grounds for Appeal
The sentence of the court below against the defendant (special larceny; 6 months of imprisonment; thief in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; 2 years of imprisonment) is unreasonable.
Judgment
It is recognized that the special larceny of this case and the special larceny of this case, which became final and conclusive on September 6, 2012 as the judgment of the court below, should be considered at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. However, although the defendant was arrested while committing larceny in inside and outside of the Republic of Korea, the defendant again commits the crime of this case (Article 429 of the Investigation Records). The court below's punishment is the maximum punishment of the defendant within the scope of mitigation of special larceny, including the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing in this case, it cannot be deemed that the sentence of the court below is unfairly heavy.
The prosecutor of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) applied for the amendment of a bill of amendment to the attached list among the facts charged (in addition to the list of crimes in the original judgment, adding No. 46 through 48 among the annexed list of crimes in addition to the list of crime in the original judgment). Since the subject of the judgment is changed by this court, the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, since there is no reason to appeal against special larceny, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and there is a reason to reverse ex officio as to the crime of larceny.
[Judgment] Summary of facts constituting a crime and evidence.]