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(영문) 서울남부지방법원 2012.12.06 2012노1537
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal is too heavy or minor for the lower court to be sentenced to imprisonment with labor for a period of one year and six months;

(2) On the other hand, the Defendant and the Prosecutor’s argument were examined ex officio prior to the judgment as to the Defendant and the Prosecutor’s assertion, and the Prosecutor’s request for the amendment of indictment to add the facts charged as stated in the facts charged in the instant case, and the subject of the judgment was changed by this court’s permission. As such, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence acknowledged by the court are added to the facts constituting a crime as follows in the criminal column of the judgment of the court below and the summary of the evidence is corrected as follows: "The defendant habitually committed a larceny four times as follows." The defendant corrected as follows: "The defendant had habitually stolen or attempted to steals another's property at least seven times through the following seven times," and "the summary of the evidence" 1. The defendant's trial statement at the court below;

1. The police statement of P;

1. In addition to the addition of "Written Statements of Q and R", each of the corresponding columns of the lower judgment is the same as that of the lower judgment, and thus, they shall be quoted in accordance with Article 369 of the

【Additional Crime】

1. On June 10, 2012, the Defendant cut off KRW 100,000 in cash from a bank located in the jurisdiction village intersection located in Suwon-si, Suwon-si, Suwon-si, 762-16, to drink Qu who is a house physician, at the district village village intersection, in a bank located in the bank, to take a locked place, and cut off the 100,000 won in cash from the bank located in the village.

2. On June 18, 2012, the Defendant discovered the Victim R R R owned by the victim parked on the road at Doang-si, Doang-si, 853-2, Dong-dong around 15:07.

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