(영문) 서울중앙지방법원 2015.07.03 2015노1723

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(영문) 서울중앙지방법원 2015.07.03 2015노1723

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a thief, such as a criminal fact in the first instance trial.

B. The first instance sentencing (one year and six months of imprisonment) on the accused is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the name of the crime against the defendant from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Habitual thief", and applied for permission to amend the amendment of the indictment to "Articles 5-4 (1) and 329 and 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Articles 332, 329 and 35 of the Criminal Act". Since the court permitted the amendment, the judgment of the first instance cannot be maintained any longer.

However, despite the above reasons for ex officio destruction, the defendant's argument about mistake of facts is still subject to the judgment of this court, and this is examined below.

B. In full view of the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, the fact that the Defendant habitually stolen such as the facts of the first instance trial is recognized.

Therefore, the defendant's assertion of mistake is without merit.

3. Accordingly, the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court of first instance is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as shown in the corresponding column of the judgment of the court of first instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The Criminal Act among repeated crimes;

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제1항

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