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(영문) 의정부지방법원 2014.08.11 2014노662

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

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

2. Prior to the judgment on the grounds for appeal of ex officio determination, the Prosecutor changed “the total market price of 61,605,100 won over 18 times in total” from among the facts charged in the instant case to “the total market price of 26 times in total is equivalent to 104,183,100 won,” and the Prosecutor requested changes in the indictment to add 19 to 26 parts of the attached list of crimes in the previous list of crimes in the previous list of crimes. Since the scope of the judgment was changed by this court’s permission, the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The facts of the crime acknowledged by this court are as follows: (a) Part 5 of the 2nd 5th 5th 5th 2th 5th 2th 5th 5th 2th 5th 26th 26th 26th 26th 26th 104,183,100 won of the market price was stolen; (b) it appears that the above 26th 26th 26th 26th 26th 26th 26th 26th 26th 36th 26th 200 2nd 369 of the judgment of the court below as stated in the crime column of the court below

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning D;

1. Each police statement made to H, I, J, K, L, M, X, Y, Z, AA, AB, and AC;

1. Each statement of F, N,O, P, Q, R, H, S, T, U, J, V, AC, and AD;

1. Each protocol of seizure and the list of seizure;

1. CCTV photographs, investigation reports (to be accompanied by CCTV data), CCTV data at the scene of the crime, photographic data of suspected vehicles, CCTV data, investigation reports (request for appraisal and the verification of store CCTV data), and