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(영문) 대구지방법원 2017.04.21 2017노801

특수절도등

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for two years.

No. 5 of the seized evidence from the defendant B.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below (two years of imprisonment and confiscation) is too unreasonable.

B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendants and the prosecutor, ex officio, the reasons for return to the victim as stolen goods which were seized and the reasons for return to the victim are clear should be returned to the victim by judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly examined and adopted by the court below, subparagraphs 1 and 2 of the seized evidence No. 1-A as stated in the judgment of the court below are apparent in the grounds for return from the victim F, and Articles 3 and 4 of the evidence as stolen from the victim M due to the fraud under the same paragraph (b) of the judgment of the court below. However, the court below did not return it to the victims. Thus, the judgment below did not err by misapprehending the legal principles on the return of stolen goods for seizure under Article 33(1) of the Criminal Procedure Act, which affected the conclusion of the judgment.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendants and the prosecutor's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act; Articles 331(2) and 331(1) of the Criminal Act (a) of the said Act; Articles 329 and 30 of the said Act (abundance with intention and choice of imprisonment with labor) concerning criminal facts; and Articles 329 and 30 of the said Act (abundance with intention and choice of imprisonment with labor);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code for the aggravation of concurrent crimes.