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(영문) 서울고등법원 2019.06.19 2019노471

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Attached Form

The list of seized articles to be returned is written.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

A prosecutor changed the facts constituting an offense as stated in the judgment of the court below, and applied for changes in the indictment to add Nos. 26, 27 as stated in the crime sight table as stated in the judgment of the court below, and the subject of the judgment was changed by this court's permission.

Therefore, the judgment of the court below is no longer maintained.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 defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Reasons for the judgment of the court below] The criminal facts recognized by this court constitute a crime in the judgment of the court below from the second to the fourteenth among the criminal facts in the judgment of the court below. "The defendant opened a locked door and opened a three-story dormitory of the third floor of the "C" factory office, which is located in the "C" factory office around 15:00 on September 12, 2018, and entered the room, and used it as it was in the judgment of the court below in the judgment of the court below as it was 9,000 won, and it used as it was in the separate sheet of crime 27 times from the date of September 4, 2018 to September 12, 2018, since the defendant invadeds another person's residence by the same method as stated in the separate sheet of crime No. 12,173,858 won, and did not intend to steal it, and it did not purport to do so, it did not change it as it is in the judgment of the court below.

Summary of Evidence

The summary of the evidence recognized by this Court is "1. Defendant."