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(영문) 서울중앙지방법원 2015.06.11 2015노1702

상습절도

Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the trial of the case, the prosecutor applied for amendments to the indictment of this case to change the name of the crime against the facts charged of this case from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual Larceny", and from "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 329 of the Criminal Act" to "Articles 332 and 329 of the Criminal Act

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 (1) of the Criminal Procedure Act.

Application of Statutes

1. Although the Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had been sentenced

The defendant's responsibility is not weak in that both the case was previously punished and the case was committed against the defendant, and that the method of crime is concurrent and the same type of crime is continued.

However, when the defendant was in a trial, the defendant shows the appearance of recognizing and opposing his mistake.

Habitual theft of this case is committed.