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(영문) 전주지방법원 2020.02.05 2019노1295

상습절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The seized one million won check.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one and half years of imprisonment for a maximum term of one year and six months, a short term of one year, and confiscation) is too unreasonable;

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

A. In the trial at the end of Paragraph (1) of the facts charged of the instant case, the Prosecutor deleted “I habitually stolen another’s property on three occasions” and applied for amendments to the indictment to add the following facts charged, and this Court granted each permission on the first, second, and third public trial.

As the subject of the judgment of this court was changed, the judgment of the court below was no longer maintained.

- Additional Facts -

D. At around 23:41 on June 21, 2019, the Defendant: (a) confirmed that a parked AH car owned by the victim AH was not locked; (b) opened a door of the said car; and (c) cut off one Samsung mobile phone (Not 50,000 won in the market value.

E. On June 24, 2019, from around 00:25 to 00:31 on the same day, the Defendant: (a) confirmed that a car owned by the victim-N was not divingd; (b) opened a door of the said car; and (c) cut off cash of KRW 3,300,000 and 60,000,000,000 (Korean Won KRW 6,660,000) in the said car.

F. The Defendant from 00:00 to 00 on May 29, 2019 to the same year

6. 2. Between 00:00 and 1.40, there were 300,000,000,000,000,000 won in the back seat of the AP (hereinafter “PP”), which was parked on the post-Eup office of the plane captain located in the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the

G. The Defendant on June 2019