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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. Prosecutor 1) The Act on the Aggravated Punishment, etc. of Specific Crimes by misunderstanding the legal principles (hereinafter “Special Family Act”)
In light of the legislative intent of Article 5-4(5)1 of the Aggravated Punishment, etc. of Specific Crimes Act, in applying Article 5-4(5) of the Aggravated Punishment, etc. of Specific Crimes Act, if the defendant was sentenced to imprisonment for three months or more due to special larceny at the Suwon District Court Sejong District Court on August 31, 2010, and the punishment for ten months or more is sentenced to imprisonment on two occasions, the defendant shall be deemed to have been sentenced to imprisonment for two times. On December 27, 2012, if he was sentenced to one year from the Suwon District Court Sejong District Court on the site of larceny, etc. on December 27, 2012, and again committed the instant crime within the repeated period, he was committed within the repeated period, the elements for the larceny under Article 5-4(5) of the Aggravated Punishment Act were all satisfied. Nevertheless, the court below acquitted the Defendant on the part of the facts charged in this case, which erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Article 5-4(5)1 of the Aggravated Punishment Act was enacted to punish a repeated crime by repeating the same Act even after having been sentenced not less than three times to imprisonment with prison labor due to a crime under Articles 329 through 331 of the Criminal Act or an attempt thereof. The purpose of the latter part of Articles 37 and 39(1) of the Criminal Act is to divide the crimes (i) prior to confirmation of a final and conclusive judgment with imprisonment without prison labor or heavier punishment and the subsequent crimes (ii) into the crimes (i) and the subsequent crimes (i) are likely to be judged simultaneously, so that the said judgment may be mitigated or exempted in consideration of equity, and the above crimes (i) are to be sentenced to imprisonment with prison labor.