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(영문) 서울중앙지방법원 2016.06.24 2016노604
상습절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The punishment of deliberation (two-year imprisonment) on the summary of the grounds for appeal is too unreasonable;

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor applied for changes in the indictment to the effect that "total amount of KRW 2,980,000 in cash over 12 occasions" is changed to "total amount of KRW 3,121,50 in cash over 14 times in total," "total amount of KRW 7,280,00 in total," "total amount of KRW 7,421,50 in total," and "total amount of KRW 7,421,50 in the indictment" as "total amount of KRW 7,421,50 in the indictment." Since the appeal court changed the list to the list of crimes in attached Form, the judgment of the first instance cannot be maintained.

3. If so, the judgment of the court of first instance is reversed, and the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without further proceeding to decide on the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the evidence acknowledged by the court in the first instance is as follows: (a) the part of the "total of KRW 2,980,000 in cash over 12 times" in the 5 criminal facts in the first instance judgment is deemed as "total of KRW 3,121,50 in total over 14 times"; (b) the "total amount of KRW 7,280,000 in total" in the 9 criminal conduct is deemed as "total of KRW 7,421,50 in total"; (c) the daily list of the crimes in the first instance judgment is replaced by the list of crimes in the attached Form; and (d) the summary of the evidence in the first instance judgment is identical to each corresponding part of the judgment in the first instance except for the modification of each addition of "one point, AH, AI, and AJ statement" in the summary of the evidence in the first instance judgment. Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The sentencing of Articles 332, 330, 331(1), 329, and 342 of the Criminal Act (a comprehensive crime) as to the criminal facts under the pertinent provision of the Criminal Act leads to the confession of all the criminal facts committed by the criminal defendant and the misunderstanding of the criminal facts by the criminal defendant. In the appellate court, the victim D, M, andO (attached Table 1,9,00 per annum of the crime committed.

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