절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 5,000,000) is too unreasonable.
2. The prosecutor ex officio determined that the name of the crime against the facts charged in the instant case is from “thief’s concealment of property”, and that the applicable provision of the law was “Article 329 of the Criminal Act” to “Article 366 of the Criminal Act,” and “the last sentence of the facts charged.”
“Harbored”.
“A request for amendments to a bill of amendment was made to each of the changes, and this Court was permitted to do so, thereby changing the subject of the judgment.
In this respect, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing.
[Re-used Judgment] Criminal facts acknowledged by this Court were stolen among the "criminal facts" column of the judgment below.
“Harbored”.
Except for the change to “the pertinent column of the lower judgment,” it is identical to the description in the corresponding column of the lower judgment, thereby citing it as is by Article 369 of the Criminal Procedure Act.
Summary of Evidence
The gist of the evidence recognized by this Court is as follows: (a) the summary of the evidence is as stated in the corresponding column of the judgment of the court below except for adding B to the Defendant’s trial statement “1. Defendant’s trial statement”; and (b) it is cited by Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The crime of this case, citing the reason for sentencing of Article 334(1) of the Criminal Procedure Act, is a concealment of property equivalent to approximately KRW 50 million, the victim owned by the defendant. In light of the content of the crime, the liability for the crime is grave, and the defendant has a record of being punished for the same kind of crime, and is disadvantageous to the defendant.