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(영문) 서울북부지방법원 2015.05.21 2015노491
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 1 to 4 shall be confiscated.

Reasons

1. The summary of the grounds for appeal is unfair because the sentence imposed by the court below against the defendant (two years of imprisonment, confiscation) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the prosecutor applied for changes in indictment with respect to the defendant's name and applicable provisions of law in the trial before the judgment on the grounds of appeal by the defendant, and since this court permitted this, the judgment of the court below was no longer maintained.

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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 332 and 329 of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Articles 332 and 329 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act reflects the depth of the defendant's wrong recognition of his fault, and part of the money and valuables damaged by the defendant's crime of this case was recovered, the defendant was unable to live in a living room while living together with his living expenses, and the defendant committed the crime of this case. The circumstances favorable to the defendant, such as the defendant's favorable circumstances, such as punishment of a fine, suspension of the execution of imprisonment, and imprisonment with prison labor, have the record of being punished several times for the same crime, and the defendant committed the crime of this case four times during a short period of ten days for a repeated period of less than ten days, which has not passed since the completion of the execution of imprisonment with prison labor due to a type different from the crime of this case.

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