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(영문) 청주지방법원 2015.09.10 2015노631

상습절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, two years of suspended sentence, probation, community service order 80 hours, confiscation) is too uneased and unreasonable.

2. To examine ices and seized stolens ex officio prior to a judgment on the grounds for appeal by an ex officio prosecutor, and return them to the victim, the reasons for which are apparent, shall be sentenced by a judgment;

(Article 33(1) of the Criminal Procedure Act. Comprehensively taking account of the evidence duly adopted and examined by the court below, the evidence Nos. 6, 8, 21 through 26 of the above seizure was stolen for the crime of this case; ① Nos. 6, 8, 25 of the evidence Nos. 6, 25 of the evidence No. 24 of the evidence No. 26 of the evidence No. 26 of the evidence No. 24 of the victim’s name, ② The remaining 3 of the evidence No. 24 of the evidence No. 24 of the evidence No. 21 through No. 23 of the evidence No. 26 of the evidence No. 3 of the evidence No. 24 of the evidence No. 3333 of the Criminal Procedure Act was returned provisionally. Thus, the court below erred in the omission of the judgment below since it was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows through pleading.

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

Application of Statutes

1. Articles 332 and 329 of the Criminal Act applicable to the facts constituting an offense (generality of imprisonment and choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Return;