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(영문) 서울고등법원 2016.03.25 2015재노290
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The seized type BOSS bags (No. 1).

Reasons

1. According to the progress records of the case, the following facts are recognized.

A. On January 22, 2013, the Defendant was sentenced to imprisonment on January 22, 2013 in Seoul Western District Court 2012 Gohap 487, and appealed against the said judgment on the grounds of unfair sentencing.

B. On April 11, 2013, 2013, the appellate court accepted the Defendant’s argument on the grounds of appeal in the case of 2013No. 610, which was the appellate court, and reversed the lower judgment and sentenced the Defendant to a four-year imprisonment (hereinafter “instant judgment subject to retrial”), and the said judgment became final and conclusive on April 16, 2013.

(c)

After that, the Defendant rendered the instant request for a retrial against the instant judgment subject to a retrial in this Court. On January 19, 2016, this Court rendered a decision to commence a retrial on the grounds that there was a reason for re-examination as stipulated in Article 47(4) of the Constitutional Court Act in the judgment subject to a retrial. The said decision to commence a retrial became final

2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (4 years and six months of imprisonment) is too unreasonable.

3. The ex officio judgment prosecutor applied for changes in the contents of “the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)” to “Habitual special larceny,” and the applicable provisions of the Act as “Articles 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, 331(1), and 342 of the Criminal Act” to “Articles 332, 329, 330, 331(1), and 342 of the Criminal Act” to “Articles 332, 329, 330, 331(1), and 342 of the Criminal Act,” respectively, and the judgment of the court below was no longer maintained as it was subject to the said judgment by permitting it.

4. 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, and the judgment of the court below is reversed and it is so decided as follows.

[Re-written judgment] Summary of facts constituting an offense and evidence.

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