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(영문) 광주지방법원 2017.01.12 2016노3271

특수절도등

Text

The judgment below

Of them, the guilty part against Defendant A (including the acquittal part for reasons) shall be reversed.

Defendant

A shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A: Imprisonment with prison labor for a year and four months, Defendant B: imprisonment with prison labor for a year, and Defendant C: imprisonment with prison labor for a year) is too unreasonable.

B. Prosecutor 1) Of the facts charged against Defendant A, the crime of attempted fraud with the victim K and T, among the charges against Defendant A, led the victim to keep the money in the house by deceiving the victim, and attempted to acquire money stored in the house by deceiving the victim by identifying the entrance door password or the key storage place, and thereby, to inform the offender of the entrance door password or the key storage place. It can be deemed that there was an implied intent to deliver cash and a disposal act.

Therefore, the judgment of the court below which acquitted each part of the facts charged on the ground that there was no act of disposal is erroneous in the misapprehension of legal principles.

B) Of the facts charged against Defendant A, the Defendant: (a) went through the corridor and stairs of the apartment that the victim was living for the purpose of committing the crime; (b) released the victim from the lock locking device for the victim’s house; and (c) harming the peace in the residence of the victim.

However, the judgment of the court below which acquitted this part of the facts charged and convicted only the attempted residential intrusion with the relation of a single crime, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2) Improper sentencing: The lower court’s sentence against Defendant A is too unhued and unreasonable.

2. Judgment on Defendant A

A. The prosecution of the amendment of the indictment was pending in the trial of the party, while maintaining the defendant A’s attempted fraud with respect to the victim K among the facts charged against the defendant A, the following facts are stated as the preliminary charges.

Paragraph 1) of the same Special thief as the content of the “Special thief,” and the applicable legal provision applicable thereto applied to the application for the amendment of the Bill of Alteration to the effect that “Articles 342 and 329 of the Criminal Act are added in advance,” and this Court grants permission.