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(영문) 수원지방법원 2015.06.11 2015노1893

상습절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Seized evidence 4, 5, 7, 8, 23, 64 through 68, 71, 71.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and at the trial court, the prosecutor changed the “property equivalent to KRW 27,717,00,00” in the last sentence of paragraph (1) of the facts charged in this case to the “property” equivalent to KRW 27,682,00,00 of the last sentence of paragraph (1) of the facts charged in this case, and changed to the “property,” and changed to the attached list of crimes in the attached Form in the indictment to the attached list of crimes (the deletion of paragraph 15 of the attached list of crimes in the indictment and adding the theft to Section 12 of the victim Q), and the judgment below was no longer maintained due

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

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows. The summary of the facts charged and the evidence is changed to "property equivalent to 27,717,00 won" in the last sentence of paragraph (1) of the facts charged in the judgment of the court below, and it is identical to the corresponding column of the judgment of the court below, except for the replacement of the crime list in the annexed sheet to the annexed sheet of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions concerning criminal facts, Articles 332 and 329 of the Criminal Act, Article 347-2 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (which was partially amended by Act No. 12837, Oct. 15, 2014; which was enforced April 16, 2015), Article 49 (1) 3 of the former Electronic Financial Transactions Act (the illegal use of means of access), and the selection of each imprisonment penalty;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;