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(영문) 광주지방법원 2014.07.23 2014노983

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

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

2. Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor withdraws the No. 4 of the attached list of crimes (1) included in the facts charged at this court, and the prosecutor changed the "6 times in total as shown in the attached list of crimes (1)" to "6 times in total as shown in the attached list of crimes (1)" and "57 times in total" to "56 times in total," and the attached list of crimes (1) changed to "47 times in total" in the attached list of crimes (1) and changed to "46 times in total" by this court.

This is in the relation between the remainder of the judgment of the court below and a single comprehensive crime, and the judgment of the court below is no longer maintained.

2. 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, and the judgment below is again decided as follows after hearing.

Criminal facts

The summary of the facts of the crime and the evidence recognized by this court is as follows: (a) deleted paragraph (4) of the No. 4 of the crime committed in the judgment of the court below; (b) read the "total of 47 times" in the crime sight table (1) as "total of 46 times"; (c) the "total of 47 times" in the second 7 of the judgment of the court below as "total of 46 times"; and (d) the "total of 57 times" in the second 16 of the judgment of the court below as "total of 56 times" as stated in each corresponding column except where the "total of 56 times" in the second 16 of the judgment of the court below is deemed as

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Discretionary mitigation Criminal Act;