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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. The lower court convicted the Defendant of violating Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes.
However, Article 329 through 331 of the Criminal Act provides that a person who was sentenced two or more times to commit a crime under Articles 329 through 331 of the Criminal Act and again commits larceny, etc. within three years after the execution of his/her sentence is terminated or exempted, and the criminal record of the defendant is a crime of habitual larceny within three years from each of the crimes in this case, but the criminal record of the defendant does not constitute a crime of habitual larceny, so the above provision of the
Therefore, the judgment of the court below which found the defendant guilty on the violation of the above legal provisions is erroneous in misunderstanding of facts or misunderstanding of legal principles.
B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. An ex officio determination prosecutor changed the existing facts charged to the following facts charged: Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 329, Articles 330, 342, and 35 of the Criminal Act provides that "Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329, 330, 342, 35, 37, and 38 of the Criminal Act are applied for amendments to the indictment; since the court permitted the amendment and changed them, the judgment of the court below cannot be maintained further.
The revised facts charged [criminal record] The defendant was sentenced to imprisonment with prison labor for five years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at Seoul High Court on May 23, 2003, 4 years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at ancient District Court on March 13, 2009, and 8 months for the crime of larceny, etc. at the Goyang Branch of the Jung-gu District Court on November 24, 2017, respectively, and at the Ansan Prison on June 17, 2018.