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(영문) 서울고등법원 2017.09.06 2017노517
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to determining ex officio.

When a decision of commencing a new trial has been rendered with respect to a final judgment of conviction and the court has rendered a new trial after making a new trial on the relevant case, the previous final judgment becomes null and void as a matter of course (see, e.g., Supreme Court Order 2004Mo453, Sept. 28, 2005). The record reveals the following facts.

1) On December 6, 201, the Defendant was sentenced to imprisonment with labor for a maximum of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”) in the support of the Southern District Court in the Jeonju District Court (hereinafter “Aggravated Punishment Act”), and the said judgment became final around that time, and the said judgment became final and conclusive around that time after having been sentenced to imprisonment for a specific crime of aggravated violation of the Act (thief) by the same court on April 23, 2013; and ③ on April 9, 2015, the said judgment became final and conclusive two years after having been sentenced to imprisonment with labor for habitual larceny, etc.; and on October 5, 2016, the execution of the said punishment was completed again after having been referred to as “the above final judgment”, “the above final judgment”, “the above final judgment”, and “the above final judgment”, as stated in the lower court’s judgment, for a total of the Defendant’s crimes of Articles 3 through 9 through 16, and 16.

3) However, this case.

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