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(영문) 부산지방법원 2018.06.01 2018노614

상습절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. Before deciding on the grounds of ex officio appeal, the Prosecutor applied for changes in the indictment as stated in the following column of “criminal facts” at the trial court, and the subject of the judgment was changed by this court. Thus, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

(1) The court of first instance rendered a judgment on June 10, 1981 that held that the defendant was punished by imprisonment with prison labor for eight months with prison labor for a special larceny at the Busan District Court on August 10, 1981; imprisonment with prison labor for one year for a special larceny; imprisonment with prison labor for one year at the same court on February 7, 1990; imprisonment with prison labor for a special larceny at the same court on December 18, 199; two years for a special larceny; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on February 23, 1993; imprisonment with prison labor for one year and six months at the Busan District Court on July 29, 197; and imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on July 8, 2005; and imprisonment with prison labor for one year and six years at the Busan District Court on July 16, 196.

[2] The Defendant, without any special property or income, committed a crime, with a view to stealing the wallets on the shopping car or the baby stude in Busan and Ulsan, while returning to the large marina located in Busan and Ulsan, and using them for daily expenses.