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(영문) 서울중앙지방법원 2016.08.19 2016노1982
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 first deliberation penalty (one and half years of imprisonment) on the summary of the reasons for appeal is too unreasonable; and

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor changed “from around September 23, 2013” among the facts charged in the instant case to “10 times”, and “total four times” into “10 times”, and applied for changes in the indictment to the effect that the previous crime list is replaced by the list of crimes attached hereto. Since the appellate court permitted the change, the judgment of the first instance cannot be maintained further.

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 this court is as follows: “The sentence of two years of imprisonment” in the first instance judgment is as follows: “The execution of the sentence is completed on April 16, 2012 after having been sentenced to two years of imprisonment; “from September 23, 2013,” and “total four times of imprisonment” are as follows: “from September 23, 2013,” and “total ten times of imprisonment”; the daily list of crimes in the first instance judgment is replaced by the list of crimes in the attached Form; and the summary of the evidence in the first instance judgment is replaced by the list of crimes in the summary of the evidence in the first instance judgment;

1. Each written statement of Q, R, S, and T is identical to each corresponding part of the judgment of the court of the first instance, except for the modification of addition of Q, R, S, and T’s respective statements, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);

1. The sentencing of Article 35 of the Criminal Act for aggravated repeated crimes may be considered as favorable circumstances for the defendant, such as the fact that the accused has led to the confession of all the crimes and the mistake.

However, the defendants are crimes of the same kind.

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