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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. Ex officio determination of ex officio, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the term "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" from among the names of the crimes of this case in the indictment of this case to "Habitual larceny", "Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" from among the applicable provisions of this Act to "Article 32 of the Criminal Act", "1. Habitual larceny" from among the crimes of this case to "1. Habitual larceny", and "one theft with only one wall" from five wall to "a habitually stolen property", and this court permitted it. Since the judgment below was changed to the subject of the judgment of this court, it was no longer maintained.
3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.
[C] On August 23, 2002, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon High Court on March 27, 2008 and one year and six months from the date of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court Support for Mountain Villages on March 27, 2008. On December 8, 2010, the Daejeon District Court sentenced eight months from the date of the completion of the execution of the sentence on June 26, 201, and on July 17, 2014, the said judgment became final and conclusive on July 25, 2014 by imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
1. The Defendant is habitually larceny at around 17:40 on January 2, 2014, the victim E, the main owner of which is a multiple business, is the victim’s who was in a multi-faceted room located in Geumcheon-gu Seoul Special Metropolitan City.