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(영문) 전주지방법원 2015.11.06 2015노684
야간방실침입절도등
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.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. B-B-2 of Article 2 of the facts charged by the prosecutor was examined ex officio prior to the judgment on the grounds for appeal ex officio. The part of the judgment below which stated in Article 2-2-B-2 of the facts charged as follows: “In the case of the Si/Gun, the defendant withdrawn one million won in cash on one occasion through the new diagnosis passbook which was stolen under the above 1-B-2 of the facts charged.” The defendant withdrawn one million won in cash on one occasion using the new diagnosis passbook which was stolen under the above 1-B-3 of the Si/Gun, and the court of the court below's decision was made to keep the application for permission more than 4.3 million won on one occasion by using the new diagnosis passbook which was stolen under the above 1-B-3 of the facts charged as stated in Article 2-2 of the judgment below.”

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

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by the court are as follows. Of the facts charged, Article 2-B-2 of the 2015 Highest 45 Of the facts charged, the part of the 2015 Highest 45 Highest 40,000 won in cash was withdrawn and stolen once through the new cooperation passbook that was stolen under the above paragraph (1)."

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