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(영문) 수원지방법원 2016.08.12 2016노1545
상습절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfilled and unfair.

2. Before making a judgment on the grounds for appeal, the case is examined ex officio, and the prosecutor’s “from August 22, 2015,” among the facts charged, the same year.

9. Until December 13, 198, by the same method as in the list of offenses in the same manner in the area of Sungnam-si, the market price of which is equivalent to the total of 886,400 won, such as in the list of offenses in the annexed sheet.

“Around August 22, 2015, from August 22, 2015 to December 26 of the same year,” had an object equivalent to the total market value of KRW 1,436,400 in the same manner as in the list of crimes in the attached Form eight times.

"In addition, the previous crime sight table was applied for changes to the list of annexed crimes, and since this court permitted the changes to the list, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the following is ruled again through pleading.

Punishment of the crime

[Criminal Records] The defendant was punished by a fine not exceeding 500,000 won for larceny in support of Gonwon Gonwon Gonchion on January 9, 2013, and the same year

4. 15. A fine not exceeding two million won in the same court for larceny, and the same year.

5. 6. A fine of two million won or more for larceny in the same court and the same year.

5. 10. A fine of 2.5 million won for larceny in the Seoul Central District Court, and the same year.

6. 14. Sentence 2 to 6. Suspension of the execution of larceny in support of Giwon, Giwon, Ginam Branch:

6. 17. The same year when he/she was sentenced to a fine not exceeding 700,000 won in the same court for larceny; on June 24, 2015, he/she was sentenced to a suspended sentence of imprisonment with prison labor for six months in the same court for larceny;

7.1. The judgment becomes final and conclusive and is still under the suspension of execution;

[Criminal facts] The Defendant habitually committed a crime on September 2, 2015, is established in Sungnam-si around 12:25, Seongbuk-gu.

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