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(영문) 광주지방법원 2015.10.07 2015재노24

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The sentence against the defendant.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal ex officio, the prosecutor changed the name of the defendant against "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 332 and 329 of the Criminal Act", and "Articles 332 and 329 of the Criminal Act". ② Application for permission to amend an amendment to a bill of indictment with respect to withdrawal of Articles 1 and 3 (3) of the criminal facts in the judgment of the court below (limited to the part which rendered not guilty in the judgment of the court below prior to the retrial). Since

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, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to delete paragraphs 1 and 3 of the facts charged in the judgment of the court below; "1. Part of the defendant's court statement" in the summary of the evidence is to read "1. The defendant's court statement"; and "1. E's court statement" in E;

1. Except for deletion of J’s written statements, all of the judgment of the court below shall be as specified in each corresponding column of the court below;

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act (with regard to habitual larceny) and the choice of imprisonment with prison labor;

1. Although the reason for sentencing Article 35 of the Criminal Act, despite the fact that the defendant was punished four times for the same crime, he/she repeats the same crime during the period of repeated crime, and that the defendant did not agree with the victims, the defendant's mistake is disadvantageous.