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(영문) 수원지방법원 2014.11.06 2014노5258

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Defendant

B.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendants in the summary of the grounds for appeal is unreasonable because the punishment of the court below (two years of imprisonment, three years of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by Defendant A’s ex officio, prior to the judgment on the grounds of appeal by Defendant A, the prosecutor applied for amendments to the indictment with the content of adding the facts constituting an offense in the annexed crime list of the judgment below as stated below (the grounds of the judgment again against Defendant A), among the facts constituting an offense, and since this court permitted this and changed the subject of the judgment, the part of the judgment of the judgment of the court below as to Defendant A cannot be maintained.

B. As to the grounds for appeal by Defendant B, the Defendant committed a crime for the purpose of preparing living expenses, committed several times in favor of the Defendant, including the fact that the Defendant was sentenced to imprisonment with prison labor due to special larceny, etc. as stated in the judgment of the court below, and committed the instant crime during the repeated crime period after the execution of the sentence was completed, in light of the following: (a) the nature of the crime committed by the Defendant was not good; (b) the Defendant did not agree with the victims; (c) did not make any effort to recover damage; and (d) and all other circumstances constituting the conditions for sentencing as indicated in the records, comprehensively considering that the sentence of the court below against the Defendant is too unreasonable, given that the sentence against the Defendant is too large, since the Defendant was sentenced to imprisonment with prison labor due to special larceny, etc. as stated in the judgment of the court below, and the Defendant committed the instant crime during the repeated crime period after the execution of the sentence was completed.

3. Accordingly, the judgment of the court below on the ground that there is a ground for ex officio reversal of the above part against Defendant A among the judgment below.