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(영문) 서울중앙지방법원 2018.01.11 2017노3719

상습특수절도

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.

Reasons

Summary of Reasons for appeal

A. The sentence imposed by the lower court on the Defendant (one year and six months) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

Before the judgment on the grounds for appeal by the Defendant and the prosecutor, the Prosecutor requested the appellate court to revise the indictment of this case as seen in the following facts charged, and the subject of the judgment was changed by this court, and the judgment of the court below was no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] Criminal facts acknowledged by the court of criminal facts are as stated in the judgment below, with the exception of adding 19 times to the previous criminal facts as follows, and changing the collection of theft to 6,098,850 won, and the total amount of theft to 6,098,850 won, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

On July 14, 2017, the summary of the evidence admitted by this court is as follows: (a) the victim's criminal facts were damaged at once and at the place, and around 0:38, 19:00, the entry door of the AZ BA (54 ) in Seocho-gu Seoul Metropolitan Government AY opened as Durber, and the summary of the evidence admitted by this court is as follows: (b) the summary of the evidence admitted by this court to the evidence of the evidence of KRW 72,000 in cash theft (Habitual night-time intrusion theft); (c) the summary of the

1. Except for the addition of “WA’s statement”, it is identical to the corresponding column of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 332, 331 (1), 330, 329, and 342 of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.