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(영문) 서울서부지방법원 2013.11.28 2013노1142

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Nos. 1 through 3 of seized evidence shall be charged to the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for one year) imposed by the court below is unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing by authority, the lower court found the Defendant guilty of all the facts charged, on the grounds that the Defendant did not have any supporting evidence in addition to the Defendant’s confession, as to the criminal facts that the Defendant stolen F-owned mobile phone one, one copy of the national card, one new card, and one cigarette one, prior to the judgment on the Defendant’s assertion of unfair sentencing. The lower court erred by violating Article 310 of the Criminal Procedure Act concerning the rules of reinforcement of confession, thereby affecting the conclusion of the judgment, and thus, the lower judgment was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except for the addition of “the police statement to I,” “the F Document,” and “each of the items to be provisionally returned” to the summary of the evidence, the facts charged and the summary of the evidence are as stated in each corresponding column of the lower judgment; and (b) thus, they are cited as they are in accordance with

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Articles 329 and 342 of the Criminal Act, the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the Defendant led to the instant crime and recognized his/her mistake; (b) the Defendant repeatedly committed the instant larceny during the suspended execution period for the same kind of crime; and (c) the Defendant did not make efforts to recover the victims’ damage, in addition to the temporary return of certain thefts.