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(영문) 대구지방법원 2019.07.26 2019노836

상습절도등

Text

All judgment of the court below shall be reversed.

The defendant is written in the list of crimes No. 1 of the facts constituting the crime of the second instance.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the first instance court's sentence, the second instance court's imprisonment, the second instance court's imprisonment and the fourth month) is too unreasonable.

B. The sentence imposed by the court of first instance by the prosecutor is too unhued and unreasonable.

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds for appeal by prosecutors and the defendant.

B. First, with respect to the case 2019No836, the prosecutor filed an application for permission to amend the indictment with the following contents added to the facts charged in the above case, and this court permitted this, thereby changing the subject of the trial.

【Additional Crime】

5. On December 3, 2018, the Defendant committed the crime against the Victim P around 15:25 on December 3, 2018, in R operated by the Victim P in Daegu North-gu Q, Daegu-gu, on December 3, 2018, operated by the Defendant, using a gap in surveillance of the victim, carried out one t bargaining clothes equivalent to KRW 89,000, the market price of the victim’s ownership.

C. In addition, as the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, each of the appeals cases was tried concurrently at the court of first instance as the defendant filed an appeal against the judgment of the court of first instance. However, as long as the crimes of No. 35 through No. 47 among the changed judgment of the court of first instance and the crimes of No. 1 among the crimes of No. 2 in the judgment of the court of second instance, the crimes of No. 28 through No. 40 in the crime list No. 2 in the crime list No. 37 in the crime list No. 1 in the crime list No. 2 in the judgment of the court of first instance, and the crimes of No. 28 through No. 2 in the crime list No. 2 in the judgment

Furthermore, Article 115(3)5 of the National Health Insurance Act applies to the supply of and demand for illegal insurance benefits among the facts charged in the judgment of the court below, and Article 37 subparag. 10 of the Resident Registration Act applies to the use of fraudulent insurance benefits.

However, regarding the supply of and demand for illegal insurance benefits.