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(영문) 서울남부지방법원 2019.06.07 2019노134
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and two years and four months) of the lower court’s punishment is too unreasonable.

2. In the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the cases of the 2018 Godan5973 at the trial, a prosecutor applied for permission to change the name of the crime to the category of larceny and night building intrusion larceny, etc., and the judgment of the court below was no longer maintained as the case was changed due to permission.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the following is again decided as follows.

[Discied reasoning of the judgment of the court below] Criminal facts and summary of evidence recognized by this court are identical to the corresponding column of the judgment of the court below, except for cases where the crime of "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" and the crime of "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" in the judgment of the court below. Thus, they

"2018 Highest 5973"

1. While the Defendant returned to the construction site, he tried to steal the property located in the construction site by entering the construction site by making use of the gaps in which the on-site manager stands or is negligent in paying attention to the construction site.

On February 19, 2018, the Defendant entered the construction site of the “G church” corporation managed by the Victim FF located in Yeongdeungpo-gu Seoul Metropolitan Government, and stolen construction tools equivalent to the total amount of KRW 2,700,000,000, total market price of KRW 2,300,000, which is the victim’s ownership, from the site of the construction site of the “GG church” corporation managed by the victim F of Yeongdeungpo-gu Seoul Metropolitan Government, using the gaps of the victim’s care negligence, and entered the said site, and stolen them.

The defendant shall be the defendant.

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