(영문) 서울고등법원 2015.03.25 2014노3883 | 리걸엔진

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(영문) 서울고등법원 2015.03.25 2014노3883

특정범죄가중처벌등에관한법률위반(절도)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

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

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

A prosecutor applied for amendments to a bill of amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes with regard to the name of the crime as "Habitual larceny" in "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" as "Article 332 and Article 329 of the Criminal Act", and the same court has permitted the amendment.

Therefore, the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, 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 columns 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 Article 329 of the Criminal Act concerning the facts constituting an offense;

1. There are circumstances that may be considered in light of the circumstances, such as the fact that the defendant commits a repeated crime under Article 35 of the Criminal Act, the fact that the defendant erred in the sentence of Article 35 of the Criminal Act, the damage caused by the crime of this case is relatively minor, and the defendant deposited KRW 500,000 to recover damage in the trial.

However, there are criminal records that the defendant has been punished more than ten times by imprisonment with prison labor for four times due to the theft crime, and the crime of this case was committed by the defendant after having been sentenced to four years due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was committed by a similar method within the period of repeated crime, after the execution of the crime of this case was completed on July 15, 2013.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제6항

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