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(영문) 대구지방법원 2016.03.30 2016노312
상습특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Nos. 31 to 33 of seized evidence, respectively.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (for 4 years of imprisonment, confiscation) is too unreasonable.

2. Prior to the judgment of the court below on the grounds of ex officio appeal, ① the prosecutor applied for changes in indictment with respect to habitual special larceny among the facts charged in the instant case at the time of the trial of the party, and the defendant's total market price of KRW 371,983,594 in the same method over 58 occasions as shown in the list of crimes committed in the attached Table 1, 2, 3, and 4 shall be changed to the victim's total market price of KRW 37,13,594 in the same manner as shown in the list of crimes committed in the attached Table 1, 3, and 3, the court below did not err in the misapprehension of legal principles as to the victim's temporary larceny and the victim's name, which affected the victim's 3,594 won in the same manner, and the court below erred in the misapprehension of legal principles as to the victim's name, which affected the victim's 3,000 won in the attached Table 4, which affected the victim's confiscation.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's unfair argument of sentencing, on the grounds that the above judgment of the court below was reversed ex officio.

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