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(영문) 대구지방법원 2014.05.15 2013노3807

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

seized red.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment, confiscation) is too unreasonable.

2. An ex officio reversal prosecutor filed an application for changes in indictment with respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in the facts charged below, and since this court has changed its subject to adjudication by permitting it, the judgment of the court below is reversed ex officio.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts and evidence recognized by the court, the summary of the judgment of the court, i.e., "criminal facts"

A. (1) 5 and 6 entries in the judgment below are as follows: (a) habitually steals the victims’ property worth a total of KRW 3,3260,000 in total by August 5, 2013, including the entry in the list of crimes in the attached Form 5 and 6; and (b) “In addition, the victims’ property worth a total of KRW 39,970,200 in total at 55 times from February 19, 2013 to August 5, 2013, including the annexed list of crimes (1) and the list of crimes in the attached Form B,” and “The [Attachment] of the judgment of the court below is modified as the list of crimes (1)”; (b) is added as follows; and (c) the Defendant’s “court, F, BG 1, B1, B1, B1, B1, B00 in the summary of evidence” is as follows; and (d) “The Defendant’s statement of evidence” is as follows: “The Defendant’s “Court, BY 1, BMM, BY, BMM, B1, BM, B1, BY,”, and B.

Application of Statutes

1. Relevant provisions of Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, 331(2), and 342 of the Criminal Act concerning criminal facts (including habitual larceny and inclusive) and each of them.