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(영문) 서울남부지방법원 2014.09.26 2014노1295
특정범죄가중처벌등에관한법률위반(절도)
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.

Seized evidence subparagraph 6 shall be confiscated.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. Prior to the determination on the grounds for appeal by the Defendant, the Prosecutor added ex officio to the facts charged [the facts of the offense committed on April 2014, 2014] to the following [the Defendant: (a) at the victim X’s house located on April 2014, 201; (b) the victim’s 42 LG 20,00 square meters of the victim’s market price owned by the Defendant using a cre in the inside of the house was stolen; (c) [the facts of the offense] Section 1; (d) Section 2; and (d) Section 3 “” to Section 4; and (d) to Section 5 “4 times” and “4 times” to “5 times”; and (d) the judgment of the court below was no longer subject to the judgment of the court below because it was modified by allowing this to do so.

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

Criminal facts

The summary of the facts of the crime and its evidence acknowledged by this court is added to the judgment of the court below [the facts of the crime committed on April 2014, 2014 and the summary of the evidence] : (a) the defendant committed the crime on April 2014 with the victim X 809 of the Weder Mon Building 809 on April 2014; (b) the victim's own market price was 200,00,000 won of LG 42, the victim's market price was 200,000 won of the victim's house; and (c) [the facts of the crime] paragraph (1) 2 ; (c) ; (d) ; (d) ; and (d) 5 ; and (d) the summary of the evidence ; and (d) the summary of the evidence : "1. trial statement of the defendant at the court of first instance" ; and (d) the column of evidence.

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