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(영문) 전주지방법원 2017.06.23 2017노593
상습절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

No. 7 (Date 400), No. 500,000.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months, etc.) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for an ex officio appeal, and examine ex officio prior to the judgment of the court below, the prosecutor conducted No. 16 of the sentence of the judgment below, and conducted No. 17 of the sentence of the judgment of the court below, "Money and valuables worth a total of KRW 91,004,900 in the market price in the same way and 41 times habitually over 43 times," and "money and valuables worth a total of KRW 101,004,90 in the same way as habitually every 43 times in the same manner," and the court applied for changes to an amendment to an amendment to an indictment with the content of adding a list of crimes in the list of crimes in the judgment of the court below, and the judgment of the court below is no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court is clearly recorded in the records of the facts constituting a crime and the summary of the evidence. Of the facts constituting a crime in the original judgment, the money and valuables amounting to KRW 91,004,900 in total market price by the same method over 41 times in all 41 times in the same manner is "money and valuables amounting to KRW 101,004,90 in total market price over 43 times in all habitually," and this part of the facts constituting a crime in the second part of the judgment of the court below in the second part is obvious in the records that it is a clerical error, and thus, it shall be corrected in accordance with Article 25 of the Regulation on Criminal Procedure.

B Change “A person who commits a theft or attempted to steals”, add a list of offenses attached to the list of offenses as stated in the holding of the court below, and add “1. The Defendant’s trial testimony at the court of first instance” in the column of the evidence;

1. Each statement of DH and DI:

1. Each relevant column of the lower judgment, except for the addition of each on-site photograph.

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