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(영문) 광주지방법원 2018.11.21 2018노2883
상습절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. Before making a judgment on the grounds of ex officio appeal, the prosecutor applied for changes in the indictment with the content that the prosecutor added the facts charged in the indictment of this case to the addition of the crimes in the attached list of crimes No. 7 of the judgment of the court below in the indictment of this case. Since this court permitted this, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting the crime and the evidence acknowledged by this court is as follows. The summary of the facts constituting the crime of the judgment below and the evidence related thereto are as follows: "All seven times" of the second half of the facts constituting the crime of the judgment below, and the daily list of the crimes attached to the judgment of the court below are as follows: "1. F, G, and R" of the second 15 of the summary of the evidence of the judgment of the court below as "one. F, G, and R's respective statements" of the second 15 of the judgment of the court below, and "on-site photographs" are added after "on-site photographs" of the last 2 of the judgment of the court below as stated in each corresponding column of the judgment of the court below, and this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 332, 329, and 342 (General Provisions) of the Criminal Act and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 11 and Article 55(1)3 ( deaf-mutes) of the Criminal Act for statutory mitigation is that the defendant recognized each of the instant crimes and reflects on it, the total amount of damage resulting from each of the instant crimes is not large, and some of the crimes are committed on attempted crimes, and the fact that the deaf-mutes of class 3 is the disabled.

However, the defendant commits several crimes of the same kind.

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