beta
(영문) 서울동부지방법원 2014.11.14 2014노1368

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A seized Mack (Evidence No. 1) and a stock farm.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years of imprisonment) is too unhued and unfair.

2. Before the prosecutor’s judgment on the grounds for appeal of the judgment was examined ex officio, and the prosecutor applied for a change in the indictment from the end of December 2012 to the end of the above date to the above 16-day period, such as the list in the annexed crime list, which read, “the defendant committed a theft or attempted theft of property equivalent to 1,843,00 won in total, from the end of December 2012 to August 6, 2014,” as in the annexed crime list, the part of the facts charged of this case, which read, “the defendant applied for a change in the indictment from the crime list to the annexed crime list in the same manner as in the annexed crime list, and the judgment below was no longer maintained.”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 allegation of unfair sentencing, on the ground that there is a ground for reversal of authority as above in the judgment of the court below.

Criminal facts

The summary of the facts constituting an offense and the evidence admitted by this court is to be changed from the end of December 2012 to the crime of the lower judgment, which read, “the Defendant, as well as the Defendant, committed a theft or attempted attempted theft of property equivalent to KRW 1,843,00 in total by the same method 16 times from the end of December 2012 to the aforementioned temporary date,” and the part of “the Defendant, as shown in the list of crimes in the annexed sheet of crimes, committed a theft or attempted attempted theft of property equivalent to KRW 1,93,00 in total 17 times from the end of December 2012 to August 6, 2014 in the same way as indicated in the list of crimes in the annexed sheet of crimes.”