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(영문) 서울고등법원 2017.07.20 2017노1191
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

The decision of the court below on the summary of the reasons for appeal (three years of imprisonment) is too unreasonable.

In the first instance of the trial, an ex officio judgment prosecutor applied for the amendment to a bill of amendment to the indictment with the content that added the "additional criminal facts" as stated in the facts charged against the defendant, and since this court permitted it, the judgment of the court below can no longer be maintained.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, on the grounds that the judgment of the court below is reversed ex officio, and it is again decided as follows.

Criminal facts

The facts constituting a crime recognized by this court shall be deleted from 17 of the judgment below's 4: "1 of the first 17 of the 17: "24 of the 2nd 8th ; "29 of the 2nd ;" "10 of the 3rd 17, 20 of the 4th 20, 20 of the 4th 2; "the victim's possession" of "17:57 of the 4th 18th : "17:5 of the 5th 17th :3 of the 5th 5th 19th : "the 17th 5th : 17: 59 of the 5th 19th : 18th : 19 of the 5th 5th 19th : 4th 7th : 50 of the 5th 196th : 5th 7th : 198 of the 4th 1st 5th .

On November 19, 2016, from around 12:30 to 14:00, the Defendant 25. The victim CJ, a business owner of the building CH on the first floor of the Sungnam-si CH within the “CI” store. The victim CJ, a business owner of the building, was displayed outside the store by using a crebb in which surveillance of other customers was neglected. The victim’s market price is equivalent to KRW 118,000.

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