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(영문) 인천지방법원 2016.12.08 2016노3646

상습절도

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The seized evidence 1 shall be the Incheon District Prosecutors' Office.

Reasons

1. As to the summary of the grounds for appeal, the defendant asserts that the defendant's punishment (one year and six months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the facts charged against the defendant two times in the trial, and applied for changes in the indictment to the effect that the defendant changed the facts charged against the defendant as stated in "the reasons for the judgment," as stated in the "the reasons for the judgment," and the judgment of the court below changed the subject of the judgment following the permission. Thus, the judgment of the court below was no longer maintained.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 defendant and the prosecutor's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[C] The reasoning of the judgment of the court below is that the summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows. The court below's 4,580,000 won in the total of 17 times in the same way and brought clothes equivalent to the total market price of 6,401,000 won in total and 21 times in the same way." The court below's 5,6 "the daily list of crimes" was changed to "the list of crimes 1" in attached Form 4, and added the following parts to "1. The defendant's court statement" in the summary of the evidence to "1. The court statement of the court below is added to "1. The defendant's court statement" to "1. BF, D, BG, BG, BE, BM, BM, BM, BL, BH, BH's separate statement of seizure and evidence list, 36 of each of the court below's judgment below's additional seizure and evidence list as it is.

The defendant around 17:55 on April 7, 2016, in Bupyeong-gu Incheon, Bupyeong-gu BN, and in the first floor of the department store.