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(영문) 광주지방법원 2011.07.20 2011노89
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below (No. 1: 2 years of imprisonment, 10 months of imprisonment, and 3 months of imprisonment) is too unreasonable.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal of the defendant's amendment to the bill of indictment related to the first instance judgment, the prosecutor examined the case ex officio before the judgment on the grounds for appeal of the defendant's amendment to the bill of indictment in relation to the first instance judgment, and "the defendant habitually committed a theft by taking one handphone of the market price equivalent to 670,000 won in the victim AS owned by the victim AS, who was locked at a sobry in ARa, located in the Bupyeong-gu Incheon Bupyeong-gu around 02:30 on July 30, 2010." The above part of the judgment of the court below changed the subject of the judgment and the judgment of the court of first instance cannot be maintained any longer.

B. Furthermore, the case in this Court No. 201No. 89, No. 2011No. 580, No. 2011No1704, which is each appeal case against the judgment of the court of first instance against the judgment of the court of first instance, was consolidated in the oral proceedings of the court of first instance. Since each of the crimes in the judgment of the court of first instance, No. 1, 2, and 3, which are concurrent crimes under the former part of Article 37 of the Criminal Act, should be sentenced to one punishment in accordance with Article 38 of the Criminal Act, the judgment of the court of first, 2, and 3 cannot be maintained any more in this respect.

3. Accordingly, 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, on the ground that the above ground for reversal ex officio is a ground for reversal, and the following decision is

Criminal facts

The summary of the evidence and the criminal facts recognized by the court and the summary of the evidence are the contents of the above 2-A in the criminal facts, '1. The suspect interrogation protocol prepared by the police in the summary of the evidence, '1. Investigation report (the owner of stolen handphones AS prior to the investigation report) and the victim AT statement.

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